IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3676 of 2009(K) PETITIONERS : 1. T.K.VIJAYAN , AGED 52 YEARS S/O.KRISHNAN, THUNDIPARAMBIL, KOLOTHUMKADAVIL, PALLIPURAM P.O. 2. SAROJINI, AGED 48 YEARS, W/O.VIJAYAN THUNDIPARAMBIL, KOLOTHUMKADAVIL, PALLIPURAM P.O. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT: SREENIVASAN, S/O.PADMANABHAN, PULIKKAL, NJARAKKAL VILLAGE KOCHI TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3676 OF 2009 K ------------------------------------------------------ Dated this the 9th February, 2009 JUDGMENT The petitioners, who are defendants in O.S.No.333 of 2006, on the file of the Court of the Munsiff of Kochi, challenge Ext.P3 order dated 20.9.2007 in I.A.No.530 of 2007 to the extent to which it directs the petitioners to deposit one-half of the plaint claim within two weeks from the date of the order as a condition for allowing the application filed by the petitioners under Order IX Rule 13 of the Code of Civil Procedure. The petitioners admit that they have not deposited the amount as directed. If so, the application under Order IX Rule 13 would stand dismissed. If an application under Order IX Rule 13 is dismissed, it would be appealable under Order XLIII Rule 1(c) of the Code of Civil Procedure. Therefore, the Writ Petition is not maintainable. The Writ Petition is accordingly dismissed. The dismissal of this Writ Petition is without prejudice to the right of the petitioners to file an appeal under Order XLIII Rule 1 of the Code of Civil Procedure. (K.T.SANKARAN) Judge ahz/