IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 4901 of 2009(H) OS.752/2008 OF PRINCIPAL MUNSIFF'S COURT, ERNAKULAM PETITIONER: --------------- PIUS, S/O.VARKEY, AGED 65 ENGINEER, VYPPANAYIL HOUSE,THEKKUMMURI KARA PULLYANNUR VILLAGE, MEENACHIL TALUK, KOTTAYAM DIST BY ADV. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SMT.T.LAKSHMI RESPONDENTS: --------------- 1. ABDUL KAREEM, S/O. NIONAPILLAI AGED 60, KOZHIKKATTIL HOUSE, BEHIND KALAMASSERY MUNICIPAL OFFICE, CHAGAMPUZHA NAGAR, KOCHI-33 2. DR.P.N.USMAN, KOZHIKKATTIL HOUSE, CALICUT ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. P.N.SHERIFF, KOZHIKKATTIL HOUSE, OPPOSITE GOVT POLY TECHNIC, ANGADIPURAM, PERINTHALMANNA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4901 OF 2009 H ------------------------------------------------------ Dated this the 16th February, 2009 JUDGMENT The plaintiff in O.S.No.752 of 2008, on the file of the Munsiff's Court, Ernakulam, is the petitioner. The suit was filed for fixation of boundary of the plaint schedule property and for permanent prohibitory injunction. The first respondent disputed the valuation shown in the plaint. The court framed an issue on that aspect. The issue was answered in favour of the petitioner, by the order dated 9.1.2009. The first respondent filed R.P.No.377 of 2009 for reviewing the order dated 9.1.2009. On 28.1.2009, the court below allowed the Review Petition. The petitioner challenges the order allowing the Review Petition. Under Order XLIII Rule 1(w) of the Code of Civil Procedure, an order allowing review under Rule 4 of Order XLVII is appealable. Since the order impugned in this Writ Petition is appealable, the Writ Petition is not maintainable. Leaving open the right of the petitioner to file an appeal before the appropriate court, the Writ Petition is closed. Registry shall return Ext.P4 certified copy of the order produced by the petitioner, if the petitioner substitutes the certified copy with a true copy. (K.T.SANKARAN) Judge ahz/