IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5236 of 2009(O) EA.NO.141/08 UB EP.102/08 IN OS.135/2003 OF.MUNSIFF'S COURT, KASARAGOD PETITIONER(S): --------------- KOROTH MANISH, S/O. SHANKARAN, RESIDING AT SHISHIRAM, KOYILANDI VILLAGE, P.O. KURUVANGAD, KOZHIKODE DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: --------------- 1. K. RAGHAVENDRAN, S/O. LATE K. KANNAN, AGED 50 YEARS, MERCHANT, R/AT KANNAN NILAYAM, ANANGOOR, KASARAGOD VILLAGE, P.O. KASARAGOD, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. T.P. THIMMAPPA SHETTY, S/O.K.P. MANJAYYA SHETTY, AGED 69 YEARS, HINDU, HOTEL OWNER, R/AT THALIPPADAPPU, ADAKATHBAIL VILLAGE, P.O. KASARAGOD, KASARAGOD TALUK, KASARAGOD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 5236 OF 2009 O ------------------------------------------------------ Dated this the 17th February, 2009 JUDGMENT The Writ Petition is filed against Ext.P4 order dated 3.12.2008 in E.A.No.141 of 2008 in E.P.No.102 of 2008 in O.S.No.135 of 2003, Munsiff's Court, Kasaragod. The petitioner was not a party to the suit. He purchased the property from the defendant in the suit after the dismissal of the suit. The petitioner claims that he is a bona fide transferee for consideration. The court below rejected that contention by the order impugned. Had the order been the other way about, there would have been an end to the proceedings, in so far as the petitioner is concerned. Therefore, in my view, Ext.P4 order is revisable under Section 115 of the Code of Civil Procedure. The Writ Petition is closed leaving open the right of the petitioner to challenge Ext.P4 order in Revision. (K.T.SANKARAN) Judge ahz/