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2026 Supreme(Online)(Ker) 4975

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
K.V.V.E.S VALAPPU UNIT – Appellant
Versus
D.J.JOLLY – Respondent
OP(C) NO. 2576 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.S.SUNIL KUMAR, SRI.T.X.SHAM JOSEPH, SMT.LEKSHMI S.SEKHER, SRI.K.J.SUNIL, SRI.VISHNU MOHAN DEV
For the Respondents: SRI.A.T.ANILKUMAR, SMT.V.SHYLAJA, SRI.JOSE PAUL THOTTAM, SMT.FATHIMA RAZAK, SRI.JIBYMON JOSEPH, SRI.ASWIN ANILKUMAR

An appealable order cannot be challenged via an original petition but must be addressed through proper appellate procedure.

Headnote:The judgment discusses the challenge by petitioners against Ext.P7 order in application under Order XXXIX Rule 1 and Section 151 of the Code of Civil Procedure. The court determined that the original petition is not to be entertained as the order is appealable. The court allowed the petitioners to file a proper appeal considering the limitation period from the time the case was pending. Resultantly, the original petition was dismissed.

JUDGMENT

The original petition has been filed challenging Ext.P7 order which was an order in an application filed under Order XXXIX Rule 1 read with Section 151 of the Code of Civil Procedure . The order is an appealable order and hence there is no reason to entertain this original petition.

In the above circumstances, the original petition is dismissed without prejudice to the right of the petitioners to challenge Ext.P7 order in a properly constituted appeal. The court below shall consider excluding the period during which the case was pending before this Court for the purpose of deciding on the question of limitation in filing the appeal, if the same is filed.

Sd/-

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