IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15400 of 2009(O)
1. ORAVAKKOTTIL HAMZA, S/O AHAMMED,
... Petitioner
Vs
1. KARATT VALLAT JANAKI AMMA,
... Respondent
2. KRIAHNAKUMAR, S/O.KARATT VELLAT JANAKI
3. PRADEEP, S/O.KARATT VELLAT JANAKI AMMA,
4. SIVANANDAN, S/O.KARATT VELLAT JANAKI
For Petitioner :SRI.C.M.MOHAMMED IQUABAL
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :04/06/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
-----------------------------------
W.P.(C).No.15400 of 2009 - O
---------------------------------
Dated this the 4th day of June, 2009
J U D G M E N T
This writ petition is filed under Article 227 of the
Constitution of India seeking the following relief:
“To call for the records leading up to Ext.P5
and pass an order modifying the condition imposed
by the Munsiff Court, Tirur on allowing Ext.P3
restoration petition.”
2. An application moved by the petitioner to set
aside an ex-parte decree passed against him with a petition
to condone the delay, it is submitted, was allowed on terms.
Costs ordered within the time stipulated were not paid and
the petitions were dismissed. Correctness of the orders so
passed by the court below are sought to be impeached in
this writ petition.
3. As the petitioner has an alternative efficacious
remedy by way of an appeal as provided in the CPC, I find
the petition is meritless and it is accordingly dismissed,
W.P.(C).No.15400 of 2009 – O
2
without prejudice to the right of the petitioner to prefer an
appeal against the order dismissing his application for
setting aside the ex-parte decree, if so advised.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-