LAWS(KER)-2009-6-149

ORAVAKKOTTIL HAMZA AHAMMED Vs. KARATT VALLAT JANAKI AMMA

Decided On June 04, 2009
ORAVAKKOTTIL HAMZA AHAMMED Appellant
V/S
KARATT VALLAT JANAKI AMMA Respondents

JUDGEMENT

(1.) 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.