High CourtsSingle Bench

Minikutty M.P.Vs Joseph Tom

High Court Of Kerala · Decided on 24 February 2023 · Citation: (2023) 02 KL CK 0243

HON’BLE JUDGES
C.S Dias, J
ACTS & SECTIONS REFERRED
Code of Civil Procedure, 1908 — Order 38 Rule 6(2), Order 43 Rule 1(q)
RESULT
Dismissed
CASE NUMBER
Original Petition (C) No 480 Of 2023
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Judgment

6 paragraphs · 124 words

C.S.Dias, J

1.

The original petition is filed, challenging Ext.P6 order passed in I.A No.1 of 2022 in O.S No.345/2022 by the Court of the Munsiff, Muvattupuzha.

2.

On a perusal of Ext.P6 order, it is seen that the order is passed under Order XXXVIII, Rule 6 (2) of the Code of Civil Procedure (in short, ‘Code’).

3.

An Order passed under Order 38 Rule 6(2) of the Code is appealable under Order 43 Rule 1(q) of the Code.

4.

In the light of the alternative statutory remedy available to be petitioner, I am not inclined to entertain the original petition.

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