IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22325 of 2010(O) -------------------------- OS.153/2007 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): --------------- S.AJAYAKUMAR, THAZHANJIYEL VEEDU, VELIYAM, KOTTARAKARA, KOLLAM. BY ADV. SRI.P.A.AUGUSTIAN SRI.P.RAVEENDRAN RESPONDENT(S): --------------- T.ANIRAJ, ALAYATHU PADINJATTATHIL, KOTTAKAGOM, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.22325 of 2010 -------------------------------------- Dated this the 15th day of July, 2010. JUDGMENT Writ petitioner is defendant in O.S.No.153 of 2007 of the court of learned Sub Judge, Kollam. That suit was decree exparte on 31.03.2008. Petitioner filed Ext.P3, application to set aside the exparte decree accompanied by Ext.P4, application to condone the delay. Learned Sub Judge has dismissed Ext.P4, application to condone the delay as per Ext.P5, order stating that there is inordinate delay of 666 days and “that is not reasonably explained”. In consequence to that order, Ext.P3, application was dismissed as per Ext.P6, order dated 31.03.2010. Challenge is to Ext.P5, order refusing to condone the delay. 2. No doubt, order refusing to condone the delay is amenable to a revision or Writ Petition as law provides. But it is not necessary that this Court should interfere with Ext.P5, order refusing to condone the delay since it has resulted in dismissal of Ext.P3, application vide Ext.P6, order which is subject to an appeal under Order XLIII Rule 1(d) of the Code of Civil Procedure and in that WP(C) No.22325/2010 2 appeal it is open to the petitioner to challenge dismissal of Ext.P4, application. Hence proper remedy available to the petitioner is to challenge Ext.P6, order before the appropriate forum. Without prejudice to that right of petitioner, this Writ Petition is closed. THOMAS P.JOSEPH, Judge. cks