IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 OP(C).No. 40 of 2011(O) ----------------------- CMA.45/2008 OF DISTRICT COURT, THODUPUZHA OS.175/2003 OF MUNSIFF COURT, DEVIKULAM .................... PETITIONER (S): -------------------- M.U.SUNNY, POOZHIKUNNEL HOUSE PERADIPALLAM KARA, KEEZHANTHOOR VILLAGE,DEVIKULAM. BY ADV. SRI.JOHN K.GEORGE RESPONDENT(S): --------------- 1. M.MANI, AVARAKKATTU HOUSE PERADIPALLAM KARA, KEEZHATHOOR VILLAGE, DEVIKULAM PIN 685 613. 2. SIMON MANI, AVARAKKATTU HOUSE PERADIPALLAM KARA, KEEZHATHOOR VILLAGE, DEVIKULAM, PIN 685 613. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- O.P.(Civil) No.40 of 2011 O ----------------------------------- Dated this the 5th day of January, 2011 JUDGMENT By Exhibit P4 order, the trial court disposed of I.A.No.682 of 2005 filed under Rule 2 A of Order 39 of the Code of Civil Procedure. Against Exhibit P4 order, the petitioner filed C.M.A.No.45 of 2008, which was dismissed as per Exhibit P5 judgment. Against the order under Rule 2A of Order 39, an appeal lies under Rule 1(r) of Order 43 CPC. Against the judgment in the appeal, a revision lies under Section 115 CPC. Therefore, this Original Petition is not maintainable. Reserving the right of the petitioner to challenge Exhibit P5 judgment in revision, this Original Petition is closed. K.T.SANKARAN JUDGE csl