IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 FAO.No. 264 of 2010() --------------------------------- AGAINST THE ORDER DATED 19/11/2005 IN EA 267/05 IN EP 118/01 IN OS.441/1996 of PRL.SUB COURT,IRINJALAKUDA .................... APPELLANT/3RD JUDGMENT DEBTOR ------------------------------------------------- RAVEENDRAN, AGED 51, S/O.THARAYIL KRISHNAN, EDATHIRINJI VILLAGE DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): DECREE HOLDER AND JUDGMENT DEBTORS 1 AND 2 --------------------------------------------------------------------------------------------------------- 1. IRINJALAKUDA KURIES AND FINANCE (P) LTD., MANAVALASSERY VILLAGE, IRINJALAKUDA P.O., THRISSUR DISTRICT, PIN-680 121. 2. NARAYANANKUTTY, S/O.THARAYIL SANKARAN, KODUNGALLUR VILLAGE, KAIPAMANGALAM-680 681. 3. MADHAVAN, S/O.KAITHAVALAPPIL KRISHNAN, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK-680 681. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN & P.Q.BARKATH ALI, JJ. ------------------------------------------- C.M.Appln.No.1614 OF 2010 & F.A.O.No.264 OF 2010 ------------------------------------------- Dated this the 16th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The impugned order is one whereby the court below has recorded that the petitioner was absent and it appears that he is not interested in pursuing the matter. We are not persuaded by the submission on behalf of the appellant that there is a likelihood of settlement of the litigation. Even if that were so, the impugned order does not decide any issue as such and it will be open to the parties to move the court below for any relief by way of re-opening E.A.No.267/05. However, we do not find any ground to entertain an appeal against that order at this distant point of time. The C.M.Application and the appeal are dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.Q.BARKATH ALI, Judge. kkb.16/09.