IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3943 of 2008(T) ------------------------- OS.907/2005 of PRL.M.C.,ERNAKULAM .................... PETITIONER: ------------ ANTONY, S/O. LATE OUSEPH, AGED 49 YEARS, RESIDING AT "ARATHARA HOUSE", KUMBALAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.P.JACOB VARGHESE SRI.VIVEK VARGHESE P.J. SMT.PRAISHEEL PRAKASAM SRI.P.J.VINOD JOSEPH SMT.NITHARA GAYATRI RESPONDENT: --------------- O.C. THOMAS, S/O. O.T. ALEXANDER, AGED 35 YEARS,BUSINESS,RESIDING AT 'OASSAYIL HOUSE FORT KOCHI VILLAGE, KOCHI TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3943 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of February, 2008. J U D G M E N T This writ petition is filed seeking for a direction to quash Ext.P1. There was a suit for injunction and a counter claim was filed by the defendant. The suit for injunction was dismissed for default. The counter claim was considered by the Court below and it has answered all the issues that had been raised in the counter claim and it has dismissed the counter claim as well. It is a settled principle that counter claim is a cross plaint and disposal of counter claim also amounts to a decree and therefore necessarily the Court has to draft a decree as well. Therefore the order so passed by the Munsiff, Ernakulam is nothing but a judgment on the counter claim. So it has to be treated as a judgment and a decree has to be drafted and therefore the Court below is directed to draft a decree and issue a copy of the judgment and decree to the defendant in the suit who has filed the W.P.C 3943 OF 2008 -:2:- counter claim so that he can pursue his appropriate remedies under the Code of Civil Procedure. 2. Though it is styled as an order in fact it is a judgment and therefore certainly the writ petitioner is entitled to prefer an appeal against the same. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-