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2026 Supreme(Online)(Ker) 14466

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
KOCHUTHRESIA JULIUS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: K.M.VARGHESE
For the Respondents: K.B.ARUNKUMAR, PA HARISH, MANU SRINATH

ORDER SUSHRUT ARVIND DHARMADHIKARI, J These Review Petitions have been filed under Section XLVII Rule 1 read with Section 114 of the CPC, 1908 against the judgment dated 03.07.2025 passed in WA No.801/2024 and WA No.793/2024 permitting the petitioners to withdraw the Writ Appeals.

2. While disposing of the Writ Appeals, the following order was passed:-

“Learned counsel for the petitioners seeks permission to withdraw the writ appeal. Permission is granted. Accordingly, these writ appeals are dismissed as withdrawn.”

3. The learned counsel for the Review Petitioners submitted that the arguing counsel at that time never intended to withdraw the Writ Appeals. In view of the aforesaid, we directed the learned counsel for the Review Petitioners to file his personal affidavit.

4. We have perused the affidavit. In the affidavit, it is not stated that he did not make any prayer for withdrawal of the Writ Appeals. However, it is stated that no liberty was reserved in the judgment while withdrawing the Writ Appeals. On perusal of the grounds raised in the Review Petition, it is seen that all the grounds relate to the merits of the case. The ground with regard to liberty was never raised.

5. Th

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