IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MFA.No.87 of 2004 (E) -------------------------- OS.4/1999 OF ADDL. DISTRICT & SESSIONS COURT - FAST TRACK (ADHOC II), ALAPPUZHA .................... APPELLANT: 4TH ADDL. DEFENDANT: ------------------------------------------- BOBY, S/O. LATE K.C. KURUVILLA, KARUVELITHARA, MITHRAKARI MURI, MUTTAR VILLAGE, KUTTANADU. BY ADV. SRI.PEARLY JOSE RESPONDENTS: PLAINTIFF/DEFENDANTS ADDL 3 & 5: ---------------------------------------------------------------- 1. K.C. JOSEPH, S/O. LATE CHANDA PILLA, KARUVELITHARA HOUSE, MAMPUZHAKARI MURI, RAMANKARI VILLAGE, KUTTANADU TALUK. 2. NEENA JACOB, W/O. JACOB PALAKUNNEL, NADAKAPADAM, PREMPANANCH P.O., KOTTAYAM. 3. ALAXANDER KURUVILLA @ LAL, S/O. K.C. KURUVILLA, WARD NO.13/740 KARUVELITHARA, NEAR POST OFFICE, MANGANAM. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.87 of 2004 ------------------------------------------------ Dated this the 8th day of August, 2008 JUDGMENT J. B. Koshy, J This appeal was admitted on 13/06/05. There was appearance for respondent No.1. Notice was ordered to other respondents. But no process memo was so far served. The balance court fee was also not paid. The matter was referred to the Adalath also. In the Adalath also the appellant did not appear. Even now process not served and defects are not cured. Balance court fee is not received and there is also no representation for the appellant. The appeal is rejected for non-payment of balance court fee. Since we are dismissing the appeal for non-payment of the balance court fee, M. F. A. No.87 of 2004 -2- court fee already paid shall be refunded to the appellant. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-