IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 CRP.No. 660 of 2001(D) AGAINST THE ORDER DATED 20.11.2000 IN I.A.NO.524/1999 IN OS.28/1997 OF MUNSIFF-MAGISTRATE COURT, MANNARKAD REVN. PETITIONER: PETITIONER: 2ND DEFENDANT: THOMAS VARGHESE, S/O.SAMUEL VARGHESE, VALIYAVEETTIL, AGALI AMSOM DESOM, THAVALAM, MANNARKKAD TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: RESPONDENTS: PLAINTIFF & 1ST DEFENDANT: 1. T.RAMASWAMY, S/O.T.K.SUBBAYYAB SETTIAR, HOUSE NO.10/6F, WEST STREET, POONJAYIDAYAN, MELMUGHAM VILLAGE, PARAMATHIVELLUR TALUK, SELAM DISTRICT. 2. PAZHANIYAMMA, W/O.MURUKESAN SETTIAR, AGALI AMSOM DESOM, MANNARKKAD TALUK. BY ADV. SRI.V.CHITAMBARESH SRI.KRISHNA PRASAD. S THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 660 OF 2001 D -------------------------------------------- Dated this the 27th March, 2008 O R D E R This Revision is filed against the order dated 20.11.2000 in I.A.No.524 of 1999 in O.S.No.28 of 1997, on the file of the Munsiff- Magistrate, Mannarkkad, by which the court below dismissed the application for condonation of delay in filing the application to set aside the exparte decree. It is submitted by the counsel for the petitioner that an appeal was filed by the petitioner against the order dismissing the application for setting aside the exparte decree. There was delay in filing that appeal. The Appellate Court dismissed the application for condonation of the delay. Consequently, the appeal was also dismissed. It is also submitted by the petitioner that against that order, a Revision has been filed by the petitioner. In view of the fact that the petitioner has challenged the final order passed in the application for setting aside the exparte decree, I do not think that this Revision survives for consideration. Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioner to pursue appropriate remedies. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P.NO. 660 OF 2001 D O R D E R 27th March, 2008 -------------------------------------------