IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1053 of 2010(O) ------------------------- AGAINST THE ORDER IN IA 740/2009 IN OS.191/2009 of MUNSIFF MAGISTRATE, SULTHAN BATHERI .................... PETITIONER(S): ------------------------- PLAPPARAMBIL REJI @ REJI P.GEORGE, FURNITURE MERCHANT, ALANKAR FURNITURE SHOP, CHULLIYODE, NENMENI AMSOM, DESOM, S.BATHERY TALUK. BY ADVS. MR.S.EASWARAN, MR.P.MURALEEDHARAN (IRIMPANAM). RESPONDENT(S): --------------------------- 1. SECRETARY, WAYANAD MUSLIM YATHEEMKHANA, WAYANAD MUSLIM ORPHANAGE, MUTTIL AMSOM, DESOM, MANDAD POST, VYTHIRI TALUK. 2. PRESIDENT, WAYANAD MUSLIM YATHEEMKHANA, DO. DO. 3. ADMINISTRATOR, WAYANAD MUSLIM YATHEEMKHANA, DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.1053 OF 2010 (O) ----------------------------------- Dated this the 14th day of January, 2010 J U D G M E N T The writ petition is filed against an order passed by the learned Munsiff, Sulthan Bathery returning a plaint with direction to the plaintiff to take steps as contemplated under Order VII Rule 10A (1) of the Code of Civil Procedure. The learned counsel for the petitioner submits that no further steps in the light of the directions given by the court vide Ext.P3 judgment challenged in the writ petition have been taken so far by the petitioner. As the petitioner has a right of appeal against the impugned order, I find the writ petition is not entertainable. Reserving the right of the petitioner to challenge the impugned order by preferring an appeal as provided under Order XLIII Rule 1 (a) of the Code of Civil Procedure, this writ petition is closed. WPC.1053/10 2 Handover a copy of the judgment to the counsel for the petitioner on usual terms. S.S.SATHEESACHANDRAN JUDGE prp