Suresh Babu vs Geetha Santhosh on 23 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26798 of 2009(O)



1. SURESH BABU
                      ...  Petitioner

                        Vs

1. GEETHA SANTHOSH
                       ...       Respondent

                For Petitioner  :SRI.A.X.VARGHESE

                For Respondent  : No Appearance

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

 Dated :23/09/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
            W.P.(C).No.26798 OF 2009
           --------------------------
    Dated this the 23rd day of September 2009
     -------------------------------------

                     JUDGMENT

Petitioner is the appellant in A.S No.41 of

2009 on the file of the Sub Court, Kochi. The

appeal was preferred against the final decree and

judgment passed in a suit for partition with a

petition to condone delay of 440 days. The delay

petition after enquiry was dismissed, with the

result the appeal also dismissed. Challenge in the

writ petition is against the order passed by the

learned Sub Judge dismissing the delay petition.

Since the writ petitioner has an alternate

efficacious remedy to challenge the order

dismissing the delay petition in the appeal

preferred against the dismissal of the appeal the

present writ petition cannot be entertained.

Reserving the right of the petitioner to canvass

his challenges against the order as provided by

law, writ petition is closed.

Sd/-

                             S.S.SATHEESACHANDRAN,
vdv         //TRUE COPY//            JUDGE
                                 P.A TO JUDGE