IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 RFA.No. 580 of 2010() -------------------------- OS.61/2009 of PRL.SUB COURT,IRINJALAKUDA .................... APPELLANT/PLAINTIFF --------------------------- SUTHAN, AGED 59 YEARS, S/O. VALIYAVEETTIL NARAYANAN, KEDAMANGALAM DESOM, PARAVUR VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SRI.DINESH R.SHENOY SRI.MAHESH MENON RESPONDENT(S): DEFENDANT ----------------------------------- T.A.SHAJI, AGED 47 YEARS, S/O. ACHUTHAN, THACHERIVEETTIL, HOUSE.NO.52/3561, ELAMKULAM VILLAGE & DESOM, KANAYANNUR TALUK, KADAVANTHRA POST, PIN-682 020. BY ADV. SRI.GRASHIOUS KURIAKOSE THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2010, ALONG WITH R.F.A.NO. 581/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ RFA Nos.580 & 581 of 2010 ------------------------------------------------------------------------ Dated 18th November 2010 Judgment Thottathil.B.Radhakrishnan, J. RFA No.580/10 is taken up, though it is not listed today, as requested by the learned counsel for the appellants, for being disposed of along with RFA No.581/10. 2. These appeals are by a couple. The husband is the appellant in RFA No.580/10 and the wife is the appellant in RFA No.581/10. The suits are filed on the basis of two agreements for sale of immovable properties, which lie adjacent. The respondent in RFA No.581/10 is the wife of the respondent in RFA No.580/10. These appeals are filed against orders rejecting the plaints for non-payment of the balance court fee. RFA No.580/10 2 3. We have heard the learned counsel for the parties and are satisfied that the appellants need be granted an opportunity to prosecute the suits. In fact, there was an interim order in RFA No.581/10, in terms of which the entire balance court fee payable in the suit for which that appeal arises, stands deposited before the court below. An amount of Rs.7,500/- has already been deposited to cover probable costs. We allow these appeals and order that the appellant in RFA No.580/10 will pay the balance court fee within three weeks from now. The amount deposited before the court below as regards RFA No.581/10 insofar as it relates to the balance court fee will be appropriated on that account. The remaining Rs.7,500/- will be released by the court below to the defendant in OS No.63/09 from which RFA No.581/10 arises. That amount will be treated by her and her husband, who is the defendant in OS No.61/09 from which RFA No.580/10 3 RFA No.580/10 arises, as costs of this appeal proceedings. The appeals are ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta RFA No.580/10 4