IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26798 of 2009(O) -------------------------- AS.41/2009 of PRINCIPAL SUB COURT,KOCHI OS.165/2006 of ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER(S): --------------- SURESH BABU, AGED 55 YEARS, S/O. RAMAKRISHNAN, VATTATHARA HOUSE, NARACKAL P.O., VYPIN, ERNAKULAM. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO SRI.P.A.WAZEEM RESPONDENT(S): --------------- GEETHA SANTHOSH, W/O. SANTHOSH, AGED 38 YEARS, NOTTACHAL VELIYAKATHU HOUSE, NARACKAL P.O., VYPIN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26798 OF 2009 -------------------------- Dated this the 23rd day of September 2009 ------------------------------------- JUDGMENT Petitioner is the appellant in A.S No.41 of 2009 on the file of the Sub Court, Kochi. The appeal was preferred against the final decree and judgment passed in a suit for partition with a petition to condone delay of 440 days. The delay petition after enquiry was dismissed, with the result the appeal also dismissed. Challenge in the writ petition is against the order passed by the learned Sub Judge dismissing the delay petition. Since the writ petitioner has an alternate efficacious remedy to challenge the order dismissing the delay petition in the appeal preferred against the dismissal of the appeal the present writ petition cannot be entertained. Reserving the right of the petitioner to canvass his challenges against the order as provided by law, writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, vdv //TRUE COPY// JUDGE P.A TO JUDGE