High CourtsSingle Bench

Sudharmini C vs Hareendran Thampy

High Court Of Kerala · Decided on 13 February 2023 · Citation: (2023) 02 KL CK 0133

HON’BLE JUDGES
C.S Dias, J
ACTS & SECTIONS REFERRED
Code of Civil Procedure, 1908 — Order 38 Rule 6, Order 38 Rule 6(2), Order 43 Rule 1(q)
RESULT
Dismissed
CASE NUMBER
Original Petition (C) No. 357 Of 2023
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Judgment

6 paragraphs · 122 words

C.S Dias, J

1.

The original petition is filed challenging Ext.P5 order passed in I.A No.1/2021 in O.S No.69/2021 of the Court of Principal Subordinate Judge, Thiruvananthapuram.

2.

A reading of Ext.P5 order reveals that it is an order passed under Order 38, Rule 6 (2) of the Code of Civil Procedure ( in short, ‘Code’).

3.

An order passed under Order 38 Rule 6 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 the 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.