J U D G M E N T

The writ petition is filed by the defendant in O.S.No.214/2001 on the file of the Munsiff Court, Attingal. Suit was one for declaration, putting up boundary and consequential injunction, and respondent was the plaintiff. Suit after trial was decreed on merits in favour of the respondent. The defendant preferred an appeal with a petition to condone delay of 382 days producing a medical certificate. The learned Sub Judge, considering the delay petition found it meritless and dismissed that petition. Impeaching the propriety and correctness of that order, petitioner has filed this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India .

2. I heard the counsel for the petitioner.

3. Having regard to the submissions made and the facts and circumstances presented with reference to Ext.P5 order, I find no notice to the respondent is necessary and it is dispensed with.

4. Learned counsel for the petitioner submitted that only the delay petition was considered by the lower appellate court and that too without even numbering the appeal. Since delay petition was dismissed without numbering the appeal, it is the s