IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17337 of 2008(L) -------------------------- AGAINST THE ORDER DATED 19/12/2007 IN IA 1193/07 IN OS.59/2002 of SUB COURT, VADAKARA .................... PETITIONER: ------------ A.K.RAJAMANI, S/O.GOPALAN NAMBIAR, AGED 44 YEARS, CLERK, PUNJAB NATIONAL BANK, KUTHUPARAMBA, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- A.M.ASOKAN, S/O.GOPALAN NAMBIAR, AGED 53 YEARS, VANI NIVAS, P.O.AZHIYOOR, AZHIYOOR AMSOM DESOM, VATAKARA TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.17337 of 2008 ------------------------------- Dated this the 11th June, 2008. J U D G M E N T Petitioner is the defendant in O.S.No.59/2002, on the file of the Sub Court, Vadakara. Suit was decreed ex-parte. He filed I.A.No.1193/2007, an application to set aside ex-parte decree, under Order IX Rule 13 of Code of Civil Procedure. As per the order, dated 19.12.2007, it was allowed on terms. Terms was not complied and as per order, dated 18.1.2008, I.A.No.1193/2007 was dismissed. This petition is filed under Article 227 of the Constitution of India challenging the order dated 19.12.2007. 2. The argument of the learned counsel appearing for the petitioner is that he is challenging only the conditions imposed under the said order while allowing the application. Even though petitioner is aggrieved by the conditions stipulated by the court while allowing the application, as a consequence of non-compliance of the conditions, the petition stood dismissed. Remedy of the petitioner is to challenge the final order dismissing the application in I.A.1193/2007. W.P.(C) No.17337/2008 2 As an appeal under Order XLIII Rule 1(d) of Code of Civil Procedure is provided against the order dismissing the petition filed under Order IX Rule 13 of Code of Civil Procedure, writ petition under Article 227 of the Constitution of India will not lie. In that appeal, petitioner is entitled to challenge the condition imposed by the learned Sub Judge. Writ petition is dismissed with liberty to challenge the impugned order in an appeal. Petitioner is also at liberty to get back the order of the courts below produced. M.SASIDHARAN NAMBIAR, JUDGE nj.