P.P.Ajith vs Pattarkandy Aayanveettil Vinod ...
2022 Latest Caselaw 9562 Ker

OP(C) NO. 1601 OF 2022
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                         OP(C) NO. 1601 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 57/2019 OF SUB COURT, KANNUR
PETITIONER/S:

            P.P.AJITH
            AGED 50 YEARS
            S/O CHANDRAN, PUTHAN PURAYIL HOUSE, AZHIKKODE
            AMSOM, DESOM, KANNUR DISTRICT, PIN - 670008

            BY ADVS.
            K.R.ARUN KRISHNAN
            DEEPA K.RADHAKRISHNAN
            JISSMON A KURIAKOSE
            DHEERAJ KRISHNAN PEROT



RESPONDENT/S:

            PATTARKANDY AAYANVEETTIL VINOD KUMAR
            AGED 52 YEARS
            S/O RAMASUNDARAM, ROHAN VASANTHA APARTMENT,
            MARATHAHALLY, BANGLORE, KARNATAKA, PIN - 560037


     THIS     OP    (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
25.08.2022,     THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1601 OF 2022
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                          JUDGMENT

The original petition is filed challenging the order

dated 15.06.2022 in I.A.No.1090/2019 (Ext.P4) in

O.S.No.57/2019 of the Court of the Subordinate Judge,

Kannur.

2. On going through the pleadings and materials on

record, it is discernible that the court below had initially

granted an order of conditional attachment before

judgment. It is subsequently that Ext.P4 order has been

passed. On a perusal of the impugned order, I find that it

is an order passed under Order XXXVIII Rule 6 of the

Code of Civil Procedure, 1908 (in short "Code").

An order passed under Order XXXVIII Rule 6 is

appealable under Order XLIII Rule 1(r) of the Code. In

view of the alternative remedy available to the petitioner,

I am not inclined to exercise the supervisory powers of

this Court under Article 227 of the Constitution of India. OP(C) NO. 1601 OF 2022

Therefore, without prejudice to the right of the petitioner

to work out his remedies in accordance with law, this

original petition is dismissed.

sd/-

C.S.DIAS, JUDGE rkc/25.08.2022 OP(C) NO. 1601 OF 2022

APPENDIX OF OP(C) 1601/2022

PETITIONER EXHIBITS

Exhibit-P1 COPY OF THE PLAINT IN O.S. NO 57/2019 ON THE FILE OF THE SUB COURT, KANNUR DATED 30/09/2019

Exhibit-P2 COPY OF WRITTEN STATEMENT IN IN O.S. NO 57/2019 ON THE FILE OF THE SUB COURT, KANNUR DATED 14/01/2020

Exhibit_P3 COPY OF I.A. 1008/2019 IN O.S. NO 57/2019 DATED 30/09/2019

Exhibit-P4 COPY OF THE ORDER DATED 15/06/2022 IN I.A. NO. 1090/2019 IN O.S. NO. 57/2019 ON THE FILES OF SUB COURT, KANNUR

Exhibit-P5 COPY OF COUNTER IN I.A. 4/2022 IN O.S.

NO 57/2019 ON THE FILE OF SUB COURT, KANNUR DATED NIL