IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 12571 of 2008(V) -------------------------- OS.137/2007 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONER: ------------ NABEESATH BEEVI, ABIDA MANZIL MOOTHALABHAGAM, MOOTHALA P.O. PALLIKKAL DESAM, PALLIKKAL VILLAGE THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.G.VIDYA RESPONDENTS: ------------- 1. THE STATE OF KERALA REP. BY THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER OFFIE OF THE REVENUE DIVISIONAL OFFICER KOTTAIKKAKAM, THIRUVANANTHAPURAM. 3. THE THAHASILDAR, TALUK OFFICE (CHIRAYANKEEZHU), ATTINGAL P.O. THIRUVANANTHAPURAM DISTRICT. 4. THE VILLAGE OFFICER, PALLIKKAL VILLAGE PALLIKKAL P.O., THIRUVANANTHAPURAM. 5. BADAR SAMAN S/O.LATE MUHAMMED IBRAHIM, BEENA BROTHERS HOUSE PALLIKKAL VILLAGE, PALLIKKAL P.O. THIRUVANANTHAPURAM DISTRICT. 6. LATHEEFA BEEVI, W/O.BADARSAMAN BEENA BROTHERS HOUSE PALLIKKAL VILLAGE, PALLIKKAL P.O. THIRUVANANTHAPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.12571 of 2008 ------------------------------- Dated this the 23rd July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to set aside Ext.P4 order passed by Sub Judge, Attingal, in I.A.No.1256 of 2007 in O.S.No.137 of 2007. It is an order passed under Rule 1 of Order XXXIX of Code of Civil Procedure. Petitioner is not a party to Ext.P4 order. Ext.P4 is an appealable order. Therefore, remedy of the petitioner is to challenge Ext.P4 order, if he is aggrieved, as provided under Order XLIII of Rule 1 of Code of Civil Procedure. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.