K.Krishnankutty v. R.Mohandas And Another
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 RFA.No.294 of 2008 (F) ------------------------ AGAINST THE ORDER/JUDGMENT IN OS 115/2005 OF SUB COURT, NEYYATTINKARA DATED 31-01-2007 APPELLANT/PLAINTIFF:
-------------------- K.KRISHNANKUTTY, AGED 44 YEARS, S/O. KUTTAN NADAR, RESIDING AT SUSHALAYAM, AZHAKULAM, PANANGODE DESOM, VENGANOOR VILLAGE, VIZHINJAM P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.P.S.RAMESH KUMAR SMT.ANNAMMA ABRAHAM RESPONDENTS/DEFENDANTS:
---------------------------
1. R.MOHANDAS, AGED ABOUT 43 YEARS, S/O.RAMASWAMI, RESIDING AT KAILAS BHAVAN, ANTHIYOOR DESOM, KOTTUKKAL VILLAGE, BALARAMAPURAM.
2. VALSALA, AGED 40 YEARS, D/O KAMALA BAI, RESIDING AT KAILAS BHAVAN, ANTHIYOOR DESOM, KOTTUKKAL VILLAGE, BALARAMAPURAM.
R1 & R2 BY ADV. SRI.A.JAYASANKAR R1 & R2 BY ADV. SRI.MANU GOVIND THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.
------------------------------------------------------ R.F.A.No.294 of 2008 ------------------------------------------------------ Dated this the 13th day of January, 2015
JUDGMENT
P.N.Ravindran, J.
The Registry has reported that though this appeal was admitted and notice ordered to the respondents on 28-7-2008, the balance court fee has not been paid till date. When this appeal came up for hearing on 8-12-2014, this Court granted the appellant two weeks' time to cure the defect. But, till date the balance court fee has not been paid. When the case was taken up for hearing today, learned counsel for the appellant was not present. There was also no representation on his behalf. In such circumstances, the appeal is rejected for non-payment of the balance court fee. Needless to say in view of the decision of a Division Bench of this Court in Jamal Vs. Mohammedkutty [2003(3) KLT 803], the court fee paid on the memorandum of appeal shall be re-funded to the appellant.
P.N.RAVINDRAN, JUDGE ANIL K.NARENDRAN, JUDGE skj