High CourtsSingle Bench

Ambika Devi vs Agnus

High Court Of Kerala · Decided on 17 October 2022 · Citation: (2022) 10 KL CK 0127

HON’BLE JUDGES
C.S.Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227 · Code of Civil Procedure, 1908 — Order 9 Rule 9, Order 43 Rule 1(c)
RESULT
Dismissed
CASE NUMBER
Original Petition (C) No. 604 Of 2012
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Judgment

6 paragraphs · 162 words

C.S.Dias, J

1.

The original petition is filed challenging the order dated 17.10.2011 in I.A.Nos.2342 and 2343/2011 in O.S.No.3901/2005 (Ext.P7) of the Court of the Principal Munsiff, Thrissur.

2.

Even though the original petition was filed as early as on 09.02.2012, the original petition has not been admitted and no interim order has been passed

3.

On a perusal of Ext.P7 order, it is seen that the order has been passed under Order 9 Rule 9 of the Code of Civil Procedure,1908(in short ‘Code’). An order passed under Order 9 Rule 9 of the Code is appealable under Order 43 Rule 1(c) of the Code.

In the light of the alternative statutory remedy available under the Code, I am not inclined to exercise the supervisory powers of this Court under Article 227 of the Constitution of India.

In the result, without prejudice to the right of the petitioner to work out her remedies in accordance with law, the original petition is dismissed.