IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 13342 of 2009(O) -------------------------- OS.29/2009 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: --------------- C.V.RAJAGOPALAN, AGED 63 YEARS, S/O. VELLAKUTTY, 'RAJALAYAM' KUNISSRY P.O.,ALATHUR, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT: --------------- K.M.RAJAN, AGED 70 YEARS, S/O.MURUGAN, RESIDING AT KARAKKAD HOUSE, CHENGARE, KUNISSERY P.O.,ALATHUR PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.13342 of 2009 - O --------------------------------- Dated this the 25th day of May, 2009 J U D G M E N T Learned counsel for the petitioner submits that the order impugned is open to an appeal under order XLIII Rule I (R) of CPC and as such the petition is not pressed and it may be dismissed without prejudice to his right to prefer an appeal. Accordingly, the writ petition is dismissed with liberty to the petitioner to challenge the impugned order, if so advised, as provided under law. S.S.SATHEESACHANDRAN, JUDGE. bkn/-