IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 CRP.No. 1906 of 2003 AGAINST THE ORDER IN IA.NO. 883/2002 IN AS.56/2002 OF SUB COURT, THIRUVALLA REVN. PETITIONERS: PETITIONERS 1, 3 AND 4. ---------------------------------------- 1. K.K.CHANDRASEKHARAN, KANIPARAMBIL HOUSE, PADINJAREKKARA MURI,NEDUMPRAM VILLAGE. 2. ANITHA KUMARI DO. DO. DO. 3. SURESH KUMAR, DO. DO. DO. BY ADV. SRI.G.UNNIKRISHNON RESPONDENTS: COUNTER PETITIONERS 1,2 AND 2ND PETITIONER. ------------------------------------------------------- 1. SREENIVASAN, THEKKECHEKKATTU KIZHAKKETHIL, PADINJAREKKARA MURI, NEDUMPRAM VILLAGE. 2. REMANI SREENIVASAN, DO. DO. DO. 3. AJAYA KUMAR, KANIPARAMBIL HOUSE, PADINJAREKKARA MURI, NEDUMPRAM VILLAGE. R1 & R2 BY ADV. SRI.P.HARIDAS THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 1906 OF 2003 F -------------------------------------------- Dated this the 25th March, 2008 O R D E R The Revision is filed challenging the order in I.A.No.883 of 2002 in A.S.No.56 of 2002, on the file of the Sub Court, Thiruvalla, by which the court below dismissed the application for condonation of delay in filing the appeal. Consequent on the dismissal of I.A.No.883 of 2002, on the same date, the appeal was also dismissed by the court below. The proper remedy of the petitioners is to file a Second Appeal. Therefore, the Civil Revision Petition is dismissed with liberty to the petitioners to file a Second Appeal. The Civil Revision Petition was filed on 16.10.2003. In computing the period of limitation for filing the Second Appeal, the period from 16.10.2003 till 25.3.2008 shall be excluded since the petitioners were prosecuting the Revision with due diligence. The certified copy of the order in I.A.No.883 of 2002 and the judgment dated 29.8.2003 in A.S.No.56 of 2002 filed along with the Revision shall be returned to the petitioners. (K.T.SANKARAN) Judge ahz/