IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8954 of 2009(O) ------------------------- AGAINST THE ORDER IN EA.440/04 IN E.P.58/00 IN OS.20/1998 OF SUBORDINATE JUDGES COURT,KOCHI .................... PETITIONER(S): --------------- XAVIER,S/O.JOHN, AGED 61,MATTUPURATHU HOUSE, NO.11/855-A,MURIKKUMPADAM,PUTHUVYPPU VILLAGE,KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.SHIVSHANKAR RAO RESPONDENT(S): --------------- 1. E.V.MATHAI, S/O.VARGHESE,ELAMKUNNAPUZHA HOUSE, NJARAKKAL.PO, KOCHI TALUK. 2. ROBERT,S/O.JOHN,MUTTUPURATHU HOUSE, BEHIND DON BOSCO SCHOOL, VADUTHALA,ERNAKULAM DIST. 3. BENOY, S/O.SUDHAKARAN,KATTUPADATHU HOUSE SOUTH MALIPPURAM,KOCHI TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.8954 of 2009 --------------------------------------------- Dated this the 19th day of March, 2009 JUDGMENT Ext.P3 order was passed in a claim petition filed by the petitioner as E.A.No.440 of 2004 in E.P.No.58 of 2000 in O.S.No.20 of 1998 on the file of the court of the Subordinate Judge of Kochi. The order in the claim petition is appealable in view of Rule 103 of Order XXI of the Code of Civil Procedure. Therefore, the Writ Petition cannot be entertained. Ext.P4 is an order passed in consequence of Ext.P3 order. For the same reason, the Writ Petition cannot be entertained in respect of that relief also. The Writ Petition lacks merits and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl