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BIJU K.JOHN, S/O. JOHN versus MALAYI KALAPPURAKKAL SAJI, S/O. MATHAI

High Court of Kerala

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BIJU K.JOHN, S/O. JOHN v. MALAYI KALAPPURAKKAL SAJI, S/O. MATHAI - WP(C) No. 24268 of 2007(L) [2007] RD-KL 15359 (10 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24268 of 2007(L)

1. BIJU K.JOHN, S/O. JOHN,
... Petitioner

Vs

1. MALAYI KALAPPURAKKAL SAJI, S/O. MATHAI,
... Respondent

For Petitioner :SRI.SUNIL NAIR PALAKKAT

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :10/08/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No. 24268 OF 2007 L

Dated this the 10th August, 2007.



JUDGMENT

This writ petition is preferred against the judgment of a civil court to set aside that judgment invoking the power of this court under Art.227 of the Constitution of India. The well laid principles of law fixes the forum for approach when a person is aggrieved by an order of the court. When a civil suit is disposed of at the initial stage viz., the trial the Civil Procedure Code prescribes a mode of challenging the said judgment by way of an appeal. Contending that the court below has gone perverse and had dismissed the case is a point which can be raised in the appeal as well. I have gone through the judgment as well and I am not able to find such perversity to extend the jurisdiction under Art.227 which is of a supervisory nature to decide the case. Therefore, leaving open the right of the present writ petitioner to pursue his remedies by way of an appeal as provided under the Civil Procedure Code, this writ petition is dismissed. M.N.KRISHNAN Judge jj


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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