IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 24207 of 2008(F) -------------------------- CMA.24/2008 of SUB COURT, PAYYANNUR OS.76/2008 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER: ------------ PALLIPPATH KHALID, S/O. KUNHIPATHUMMA AGED 54 YEARS, RESIDING AT IRIKKUR P.O.,IRIKKUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENTS: ------------- 1. THE PRINCIPAL, GOVT HIGHER SECONDARY SCHOOL, IRIKKUR, IRIKKUR, P.O., IRIKKUR AMSOM DESOM, KANNUR DISTRICT. 2. HEAD MASTER, IRIKKUR GOVERNMENT HIGH SCHOOL IRIKKUR, P.O.IRIKKUR AMSOM DESOM, KANNUR DISTRICT 3. P.C. MUHAMMED, PRESIDENT PARENT TEACHERS ASSOCIATION, IRIKKUR P.O. IRIKKUR AMSOM DESOM, KANNUR DISTRICT 4. PRESIDENT, DISTRICT PANCHAYATH, KANNUR KANNUR-1 BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11 /8 /2008 THE COURT ON 11/08/2008 DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.24207 OF 2008 =========================== Dated this the 11th day of August, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India to call for the records in C.M.A.24/2008 and to quash the same. Petitioner is the plaintiff and respondents the defendants in O.S.No.76/2008 on the file of Munsiff Court, Taliparamba. C.M.A.24/2008 was filed by respondents before Sub Court, Payyannur challenging Ext.P3 order passed by Munsiff,Taliparamba in I.A.1647/2008. 2. Learned counsel appearing for petitioner was heard. 3. The argument of the learned counsel appearing for petitioner is that Ext.P3 order was passed in a petition filed under section 151 of the Code of Civil Procedure and therefore no appeal will lie against an order in that application and hence CMA 24/2008 is to be quashed. W.P.(C)24207/2008 2 4. The question whether the appeal will lie or not is to be decided by Sub Court, Payyannur in CMA 24/2008. Petitioner is at liberty to raise that question in CMA 24/2008. If the question is raised, Sub Judge to decide whether an appeal will lie as provided under Order XLIII of Rule 1 CPC against Ext.P3 order. Writ Petition is disposed of accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006