High Court Kerala High Court

Parali Chirutha vs Parali Valsan on 19 November, 2010

Kerala High Court
Parali Chirutha vs Parali Valsan on 19 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(C).No. 781 of 2010(O)


1. PARALI CHIRUTHA,
                      ...  Petitioner

                        Vs



1. PARALI VALSAN,
                       ...       Respondent

                For Petitioner  :SRI.S.M.PREM

                For Respondent  : No Appearance

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

 Dated :19/11/2010

 O R D E R
                 S.S.SATHEESACHANDRAN, J.
                     -------------------------------
                  O.P.(C).NO.781 OF 2010 (O)
                   -----------------------------------
          Dated this the 19th day of November, 2010

                         J U D G M E N T

The learned counsel for the petitioner submits that Ext.P1

order, which is sought to be set aside in the original petition, is

now being assailed in a separate proceedings under a C.M.A.

pending before the District Court, Thalassery. The grievance of

the petitioner, it appears, is against the vacating of the interim

order passed in that C.M.A., copy of which has not been so far

obtained by him. It is open to the petitioner to challenge that

interim order, if so aggrieved, by taking appropriate measures as

provided by law. Since Ext.P1 order is being challenged

separately in a C.M.A. before another forum, the original petition

cannot be entertained. Reserving the right of the petitioner to

assail the interim order, if any, passed in the C.M.A., by

appropriate proceedings, the original petition is dismissed.

S.S.SATHEESACHANDRAN
JUDGE

prp