The High Court held that a writ petition challenging an appealable order is not maintainable. The Registry's objection was sustained citing the availability of statutory appeals or variation applications under Order 39 Rules 3 and 4 of the CPC.
Petition dismissed as not maintainable against an appealable order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938
UNNUMB.OPC.No. 781 of 2016
ORDER DTD.26.11.2016 IN IA.NO.22690/2016 IN OS.NO.6301/2016 OF 3RD ADDL. MUNSIFF COURT, THRISSUR
PETITIONER(S):
K.K.BALAN, S/O.KUMARAN, KANIYATH HOUSE, THALAPPILLY TALUK, ALOOR VILLAGE, THRISSUR DISTRICT.
BY ADV. SRI.DEEPU THANKAN
RESPONDENT(S):
SURESH, S/O.KRISHNAN EZHUTHACHAN, THAZHATHU VEEDU, PURANATTUKARA VILLAGE, THRISSUR TALUK - 680 551.
THIS UNNUMBERED OPC HAVING BEEN FINALLY HEARD ON 02-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
UNNUMB.OP(C).No. 781 of 2016
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE THRISSUR SERVICE CO-OPERATIVE BANK LTD., DTD.25.11.2016.
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.S.TO JUDGE
msv/
K. RAMAKRISHNAN, J.
ZOPC.No.781 of 2016
Dated this the 2nd day of December, 2016.
JUDGMENT
The objection raised by the Registry that the order challenged is an appealable order under Order 43 Rule 1. The objection raised by the Registry is sustainable. So the application is not maintainable. The remedy of the petitioner is either to file an appeal against the order or move the court below to vary the order under Order 39 Rule 4 and if such an application is filed, it is for that court to pass appropriate orders, even the court will have to pass final orders in such applications within 30 days of appearance of the parties as per Order 39 Rule 3(A).
With the above observations, the objection is sustained and the petition is dismissed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
2 issues framed by the court
Whether the application challenging an appealable order under Order 43 Rule 1 CPC is maintainable
Whether the petitioner has an alternative remedy via appeal under Order 39 Rule 4 CPC
K.K. Balan
Suresh
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
