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Judgment
5 paragraphs · 128 wordsC.S.Dias, J
The original petition is filed challenging Ext.P18 order passed in I.A. No.45/2022 in O.P(TRUST) No.107/2006 by the Court of the Additional District Judge-II, Thiruvananthapuram.
On a perusal of the Ext.P18 order, it is seen that it is an order passed under Order 39 of the Code of Civil Procedure (in short ‘Code’). An order passed under Order 39 of the Code is appealable under Order 43 Rule 1 (r) of the Code.
In the light of the alternative statutory remedy available to the petitioners, I am not inclined to entertain the original petition under Article 227 of the Constitution of India.
Resultantly, without prejudice to the right of the petitioners to workout their remedies in accordance with law, the original petition is dismissed.