Francis Iype v. P.M.Varghese

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 RFA.No. 77 of 2003 ( ) ----------------------- AGAINST THE JUDGMENT IN OS 20/1999 of SUB COURT,ERNAKULAM DATED 16-07-2002 APPELLANT/DEFENDANT :

------------------------ FRANCIS IYPE, S/O IYPE AGED 50 YEARS RESIDING AT THEKKEPURATHUMELIL HOUSE PERUMPILLY P.O., MULANTHURUTHY VILLAGE KANAYANNUR TALUK BY ADVS.SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENT/PLAINTIFF:

---------------------------- P.M.VARGHESE S/O MATHAI, AGED 70 YEARS RESIDING AT PURAMATTATHIL HOUSE KAMALALAYAM MULANTHURUTHY VILLAGE KANAYANNUR TALUK BY ADV. SRI.VARGHESE C.KURIAKOSE BY ADV. SRI.JACOB SEBASTIAN BY ADV. SRI.PRAVEEN K. JOY THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.

- - - - - - - - - - - - - - - - - - - - - R.F.A.No.77 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2015

JUDGMENT

Ramachandran Nair, J.

It is seen that the appeal was filed challenging the judgment and decree in O.S.No.20/1999 of the Sub Court, Ernakulam. The valuation of the appeal was shown as ` 2,82,704/-. The court fee payable is `19,510/-. 1/3rd of the said amount of `6,504/- was paid at the time of filing of the appeal. Going by the endorsement, the appeal was admitted by order dated 6.3.2015 with a direction that the appellant will pay the balance court fee within 15 days. 2.

Heard the learned counsel for the appellant.

As on today, the balance court fee has not been paid and there is no petition to extend the time also. In that view of the matter, we dismiss the appeal for non-payment of balance court fee. T.R.RAMACHANDRAN NAIR, JUDGE sv.

K.P.JYOTHINDRANATH,JUDGE