IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 15390 of 2009(O) --------------------------------------- AGAINST THE ORDER DATED 16/01/2009 IN IA. NO.1907/2008 IN OS.NO.82/2001 OF SUB COURT, PALA . .................... PETITIONER: ------------------- ABDUL MUTHALIB, S/O.MUHAMMED, AGED 65 YEARS, KOLEZATHKANIMEL HOUSE, NADACKAL KARA, TEEKOY VILLAGE, MEENACHIL TALUK. BY ADVS. MR.K.S.HARIHARAPUTHRAN, MR.GEORGE MATHEW. RESPONDENT: ---------------------- ABEY JOSEPH, S/O.K.A.JOSEPH, KANDATHIL HOUSE, ANIKADU KARA, ANIKKADU VILLAGE, KOTTAYAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.15390 of 2009 - O ------------------------------------- Dated this the 5th day of June, 2009 J U D G M E N T The writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To call for the records which lead to the issuance of Ext.P2 and to issue a writ in the nature of certiorari or other appropriate writ, order or direction quashing the same. ii) To issue appropriate directions to the court below to allow Exts.P1 without imposing any cost and to set aside the ex-parte passed against the petitioner in O.S.No.82/2001 on its file for disposal on merits”. 2. Petitioner is the sole defendant in O.S.No.82/2001 on the file of Sub Court, Pala in which an ex-parte decree was passed against him. He moved an application under Order IX Rule 13 CPC for setting aside that decree which after enquiry was allowed on terms. Terms imposed having not been complied with the petition was dismissed under Ext.P2 order. Correctness of that order is impeached in the petition. 3. I heard the counsel for the petitioner. 4. From the facts and circumstances presented and taking note of the order impugned, I find that the petitioner has W.P.(C).Nos.15390 of 2009 - O 2 an alternative efficacious remedy by way of an appeal as provided in CPC. The writ petition is not entertainable and it is dismissed without prejudice to the right of the petitioner to take appropriate proceedings to challenge the order passed dismissing his application for setting aside the ex-parte decree, if so advised. S.S.SATHEESACHANDRAN, JUDGE. bkn/-