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SARASWATHY BAI, AGED 70 YEARS versus SANTHA, D/O. LATE KRISHNAN

High Court of Kerala

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SARASWATHY BAI, AGED 70 YEARS v. SANTHA, D/O. LATE KRISHNAN - CRP No. 703 of 2007 [2007] RD-KL 15445 (10 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 703 of 2007()

1. SARASWATHY BAI, AGED 70 YEARS,
... Petitioner

2. SUTHEESH CHANDRAN, AGED 54 YEARS,

3. MOHANACHANDRAN, AGED 52 YEARS,

4. RADHAMONY, AGED 50 YEARS,

5. MURALEEDHARAN, AGED 48 YEARS,

6. PREMA CHANDRAN, AGED 43 YEARS,

Vs

4. SANTHA, D/O. LATE KRISHNAN,
... Respondent

5. KRISHNAKUMAR, AGED 55 YEARS, S/O.MANIYAN

6. MOHANAN, S/O. KAMALAKSHI. DO..DO..

1. THANKAPPAN, AGED 55 YEARS,S/O. LATE

2. DAMODAHARAN,S/O. LATE KRISHNAN,

3. THANKAMMA, D/O. LATE KRISHNAN,

For Petitioner :SRI.V.J.JOHN

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.

C.R.P.No. 703 OF 2007 D

Dated this the 10th August, 2007.

O R D E R

This revision petition is preferred against the order of the Subordinate Judge's Court, Alappuzha in dismissing an application for condoning delay of 139 days. The learned counsel, in fairness, had submitted before me that the order was challenged in appeal and that has been dismissed. The party cannot have recourse to two remedies on the same subject matter. He can resort to two remedies but can only prosecute one. Here already he had prosecuted one and had lost it. Therefore, he cannot turn round and attempt to prosecute this application. Further, this C.R.P is only against the order refusing to condone the delay and the appeal has already been disposed of. So, on that ground also the C.R.P is not maintainable. So, I find no merit and hence dismissed. M.N.KRISHNAN Judge jj


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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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