IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 RP.No. 192 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN RFA.655/2008 Dated 05/01/2009 .................... REVIEW PETITIONER(S): APPELLANTS: --------------------------------- 1. M.RAJENDRA KUMAR, S/O.LATE MANICKAVASGOM PILLAI, AGED 55 YEARS, TC 20/21(1), MARY DALE, KARAMANA, THIRUVANANTHAPURAM, WORKING AS PROPRIETOR, M/S.SUDANRAJ CONSTUCTIONS CORPORATION, MALANKARA BUILDING COMPLEX PALAYAM. 2. M/S.SUDANRAJ CONSTRUCTIONS CORPORATION, A PROPRIETARY CONCERN REPRESENTED BY ITS SOLE PROPRIETOR M.RAJENDRA KUMAR OF -DO-. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): RESPONDENT: -------------------------- S.BALACHANDRAN, AGED 44 YEARS, S/O.SIVARAJAN RESIDING AT POOJA NIVAS, CHAKAI, THIRUVANANTHAPURAM-7. BY ADV. SRI.M.RAJAGOPALAN NAIR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ----------------------------------------- R.P.No.192 of 2009 in R.F.A.No.655/2008 ----------------------------------------- Dated this the 17th day of June, 2009 O R D E R Kurian Joseph,J. This is a petition to review the judgment dated 5-1-2009 in R.F.A.No.655/2008. The appeal was rejected on the ground of non payment of balance court fee. In view of the facts and circumstances as stated in the affidavit, we are of the view that in the interests of justice an opportunity should be given to the appellants to pay the balance court fee, on terms. Therefore, the review petition is allowed. Judgment dated 5-1-2009 is recalled. The appellants shall pay the balance court fee within three days from today. The appellant shall also pay costs to the tune of Rs.1,000/- to the Kerala Mediation Centre. (KURIAN JOSEPH, JUDGE) (C.K.ABDUL REHIM, JUDGE) ahg. KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. --------------------------- R.P.No.192 of 2009 in R.F.A.No.655/2008 ---------------------------- O R D E R 17th June, 2009