B.Jyothikumar vs Thrivikraman Nair on 18 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37308 of 2008(N)


1. B.JYOTHIKUMAR, S/O.BHASKARAN NAIR,
                      ...  Petitioner

                        Vs



1. THRIVIKRAMAN NAIR, S/O.VELAYUDHAN NAIR,
                       ...       Respondent

2. SUGUNA DEVI, W/O.THRIVIKRAMAN NAIR,

                For Petitioner  :SRI.M.R.ANANDAKUTTAN

                For Respondent  :SRI.K.B.PRADEEP

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :18/06/2009

 O R D E R
              S.S.SATHEESACHANDRAN, J.
                  -------------------------------
             W.P.(C).NO.37308 OF 2008 (N)
                -----------------------------------
         Dated this the 18th day of June, 2009

                      J U D G M E N T

Writ petition is filed challenging an order passed under

Order XXXIX Rule 1 and 2 of CPC. The learned counsel

appearing for the respondents raised a preliminary objection

that an appeal as provided under Order XLIII Rule 1 (r) of the

CPC is available to the petitioner to challenge the order. The

objection raised is legally sustainable, and I find that when

alternate efficacious remedy is available by way of an appeal,

the writ jurisdiction of this Court cannot be invoked. The

learned counsel for the petitioner seeks exemption of time

during which the petition was prosecuted before this Court

and permission of leave to prefer an appeal before the

appropriate forum. If any appeal is preferred against the

order impugned in the writ petition before the appropriate

forum, the court concerned shall grant exemption for the

WPC.37308/09 2

period the petition was prosecuted before this Court. Subject

to the above observations, this writ petition is disposed of.

S.S.SATHEESACHANDRAN
JUDGE

prp

S.S.SATHEESACHANDRAN, J.

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CRL.R.P.NO. OF 2006 ()

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O R D E R

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23rd March, 2009