IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 RFA.No. 33 of 2009 D -------------------- OS.195/2007 of PRL. SUB COURT, THALASSERY .................... APPELLANT/PLAINTIFF: --------------------------------- M.K.RAMACHANDRAN, S/O.LATE KUNHIKANNAN, 77 YEARS, DOCTOR, R/AT.CHITHANYA, PUTHIYAPARAMBA, PO.ALAVIL, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S)/DEFENDANT: ------------------------------------------- M.K.PUSHPA, D/O.LATE KUNHIKANNAN, 61 YEARS, R/AT.DOOR NO.334, 1ST CROSS ROAD, VRINDHAVAN EXTENSION, MYSORE. BY ADV. SRI.C.E.UNNIKRISHNAN. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- R.F.A. NO. 33 OF 2009 D --------------------------------------------------- Dated this the 12th October, 2009 JUDGMENT K.M. Joseph, J. This Appeal is directed against the dismissal of the Suit with costs for the reason that the appellant/plaintiff did not pay the balance court fee. 2. We heard the learned counsel for the appellant and the learned counsel appearing on behalf of the respondent. According to the learned counsel for the appellant, the court below should have granted sufficient time. He would submit that the appellant is ready and willing to pay the balance court fee within two weeks from today. Taking a liberal view in this matter, we are of the view that the appellant should be afforded an opportunity to have a decision on the merits after paying the balance court fee within a period of two weeks from today. Accordingly, this Appeal is allowed and the Judgment is set aside on condition that the appellant will pay the balance court R.F.A.NO.33/09 D 2 fee within a period of two weeks from today and also a sum of Rs.3,000/= (Rupees Three Thousand) as costs to the respondent within a period of two weeks from today and produce a Memo before this Court to the effect of payment of the costs within two weeks from today. If the appellant does not pay either of the balance court fee or the costs within two weeks from today, the Appeal will stand dismissed. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge R.F.A.NO.33/09 3 In compliance with the direction in the judgment dated 12/10/2009 in RFA 33/09,the appellant's counsel has paid Rs.3000/-(Rupees Three thousand only)by way of cost to the counsel for the respondent (vide memo dated 19/10/2009,CF 4985/09)and deposited the balance court fee of Rs. 88,560/- before the court below(vide memo dated 14/09/2010,CF 5136/10)within the time stipulated. Sd/- Registrar(Judicial)