M.U.Sunny vs M.Mani on 5 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(C).No. 40 of 2011(O)


1. M.U.SUNNY, POOZHIKUNNEL HOUSE
                      ...  Petitioner

                        Vs



1. M.MANI, AVARAKKATTU HOUSE
                       ...       Respondent

2. SIMON MANI,AVARAKKATTU HOUSE

                For Petitioner  :SRI.JOHN K.GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :05/01/2011

 O R D E R
                      K.T.SANKARAN, J.
                 ----------------------------------
                 O.P.(Civil) No.40 of 2011 O
                 -----------------------------------
            Dated this the 5th day of January, 2011




                          JUDGMENT

By Exhibit P4 order, the trial court disposed of

I.A.No.682 of 2005 filed under Rule 2 A of Order 39 of the

Code of Civil Procedure. Against Exhibit P4 order, the

petitioner filed C.M.A.No.45 of 2008, which was dismissed

as per Exhibit P5 judgment. Against the order under Rule

2A of Order 39, an appeal lies under Rule 1(r) of Order 43

CPC. Against the judgment in the appeal, a revision lies

under Section 115 CPC. Therefore, this Original Petition is

not maintainable. Reserving the right of the petitioner to

challenge Exhibit P5 judgment in revision, this Original

Petition is closed.

K.T.SANKARAN
JUDGE
csl