IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 703 of 2007()
1. SARASWATHY BAI, AGED 70 YEARS,
... Petitioner
2. SUTHEESH CHANDRAN, AGED 54 YEARS,
3. MOHANACHANDRAN, AGED 52 YEARS,
4. RADHAMONY, AGED 50 YEARS,
5. MURALEEDHARAN, AGED 48 YEARS,
6. PREMA CHANDRAN, AGED 43 YEARS,
Vs
4. SANTHA, D/O. LATE KRISHNAN,
... Respondent
5. KRISHNAKUMAR, AGED 55 YEARS, S/O.MANIYAN
6. MOHANAN, S/O. KAMALAKSHI. DO..DO..
1. THANKAPPAN, AGED 55 YEARS,S/O. LATE
2. DAMODAHARAN,S/O. LATE KRISHNAN,
3. THANKAMMA, D/O. LATE KRISHNAN,
For Petitioner :SRI.V.J.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/08/2007
O R D E R
M.N.KRISHNAN, J.
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C.R.P.No. 703 OF 2007 D
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Dated this the 10th August, 2007.
O R D E R
This revision petition is preferred against the order
of the Subordinate Judge’s Court, Alappuzha in dismissing
an application for condoning delay of 139 days. The
learned counsel, in fairness, had submitted before me that
the order was challenged in appeal and that has been
dismissed. The party cannot have recourse to two remedies
on the same subject matter. He can resort to two remedies
but can only prosecute one. Here already he had prosecuted
one and had lost it. Therefore, he cannot turn round and
attempt to prosecute this application. Further, this C.R.P
is only against the order refusing to condone the delay and
the appeal has already been disposed of. So, on that
ground also the C.R.P is not maintainable. So, I find no
merit and hence dismissed.
M.N.KRISHNAN
Judge
jj