IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 29546 of 2008(P) -------------------------- AGAINST THE ORDER IN IA.1967/2008 IN O.S.332/2005 OF ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER : --------------------- XAVIER, S/O.VARUTHUKUTTY, AGED 66, PUNNAKKATTU HOUSE, NAYARAMBALAM VILLAGE, KOCHI TALUK. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS : --------------------------- 1. SAROJINI, ANCHALASSERY HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 2. TREESA, KAROTHU HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 3. M.O.GEORGE, MULLASSERY HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM. 4. BABY LONAPPAN, W/O.LONAPPAN, MENACHERY HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. -------------------------------------- W.P(c) No. 29546 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT Report was received from the Additional Munsiff, Kochi to the effect that against the dismissal of I.A. No.485 of 2007 (Exhibit P3) the petitioner had preferred W.P(c) No.28883 of 2008 before this court and that was dismissed on 30/09/2008; that I.A. No. 1967 of 2008 (Exhibit P4) is a petition to review the order on Exhibit P3 and it was that I.A. that was dismissed on 4/10/2008. It is against the said order that grievance is stated in this Writ Petition, but the said order is not produced. Counsel for petitioner submits that review petition is filed in W.P(c). No.28883 of 2008 and it has not come up for consideration. When Exhibit P3 order has been confirmed by the judgment in W.P(c) No.28883 of 2008, the trial court naturally could not entertain the Exhibit P4 and dismissal of Exhibit P4 cannot be assailed before this court in the circumstances. If at all review petition is filed in W.P(c) No. 28883 of 2008 as submitted by the counsel for petitioner, he can pursue his remedies there. In the above circumstances, this writ petition is dismissed. K.P. BALACHANDRAN, JUDGE scm W.P(c) No. 29546/ 2008 2