IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 3RD AUGUST 2007 / 12TH SRAVANA 1929 WP(C).No. 22083 of 2006(D) -------------------------- AGAINST THE ORDER IN EA.440/04, 406/04 IN EP.58/03 IN OS.20/1998 of PRINCIPAL SUB COURT,KOCHI .................... PETITIONER: ------------ XAVIER, S/O.JOHN, AGED 58, MATTUPURATHU HOUSE, MURIKKUMPADAM, PUTHUVYPPU VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.VARGHESE PARAMBIL RESPONDENTS: ------------- 1. E.V.MATHAI, ELAMKUNNAPUZHA HOUSE, NJARAKKAL P.O., KOCHI TALUK. 2. ROBERT, S/O.JOHN, MUTTUPURATHU HOUSE, BEHIND DON BOSCO SCHOOL, VADUTHALA, ERNAKULAM DISTRICT. 3. BENOY, S/O.SUDHAKARAN, KATTUPADATHU HOUSE, SOUTH MALIPPURAM, KOCHI TALUK. BY ADV. SRI.S.VINOD BHAT (FOR R1) SRI.BABU KARUKAPADATH (FOR R3) SMT.M.A.VAHEEDA BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.22083/2006/D -2- APPENDIX PETITIONER'S EXHIBTS: EXT. P1: COPY OF THE SALE CERTIFICATE DATED 29-10-03. EXT. P2: COPY OF THE LAND TAX PAID BY THE PETITIONER DATED 1-9-04. EXT. P3: WRITTEN COPY OF THE ORDER DISMISSING THE CLAIM PETITION DATED 16-8-06. /TRUE COPY/ P.A. TO JUDGE JP PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 22083 of 2006 ---------------------------------- Dated this the 3rd day of August , 2007 JUDGMENT The learned Subordinate Judge reported that the carbon copy of the order was issued to the petitioner on 30.8.2006. Sri.Vinod Bhat, the learned counsel appearing for the respondents submits that the petitioner has already preferred an appeal by utilizing that carbon copy. Under the above circumstances, this writ petition will stand disposed of in view of the report of the learned Subordinate Judge. PIUS C. KURIAKOSE, JUDGE. Dpk