IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 19TH MAY 2008 / 29TH VAISAKHA 1930 FAO.No. 118 of 2008() --------------------- AGAINST THE ORDER DATED 06/11/2007 IN EA.144/06 IN EP.6/05 IN OS.293/2003 of MUNSIFF COURT,VARKALA .................... APPELLANT : ----------------- SWAMI VISAKHAN, S/O.NARAYANA DAS PUNNAMOODU KADAYIL, EDAVA VILLAGE NOW AT M-4/23, PONVIZHA NAGAR NAMAKKAL PO, COIMBATORE BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. RENJIT, S/O.SREEDHARAN NAIR SREEBHAVAN, KANNAMBA, VARKALA THIRUVANANTHAPURAM DISTRICT 2. SREEJITH, K.S. SADANAM, VENKULAM DESOM EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT BY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 19/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN AND V.GIRI, JJ. ```````````````````````````````````````````````````` F.A.O. No. 118 OF 2008 ```````````````````````````````````````````````````` Dated this the 19th day of May, 2008 J U D G M E N T K.T.Sankaran, J. F.A.O. is filed under order XLIII Rule 1(J) of the Code of Civil Procedure challenging the order passed by the court below rejecting the application filed under order 21 Rule 90 C.P.C. The order is appealable before the District Court. 2. The appeal was filed before the High Court on 22.2.2008. The Appeal is not maintainable in the High Court. Therefore, we are of the view that the Appeal shall be returned to the appellant for presentation before the proper Court. We order accordingly. In considering the application for condonation of delay by the District Court in the appeal that may be filed by the appellant, the District Court shall take into account the fact that the appeal was pending before this Court from 22.2.2008 till this date. Registry shall also return the certified copy of the order appealed against to the appellant. F.A.O. is disposed of as above. (K.T.SANKARAN, JUDGE) (V.GIRI, JUDGE) aks