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Judgment
6 paragraphs · 122 wordsC.S Dias, J
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.
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’).
An order passed under Order 38 Rule 6 of the Code, is appealable under Order 43 Rule 1(q) of the Code.
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.
