IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 RFA.No. 468 of 2009() --------------------- OS.225/2007 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT/PLAINTIFF ---------------------------------- VENUGOPALAN D.N., AGED 43 YEARS, S/O. NARAYANAN, RESIDING AT DEVASWOM PARAMBIL (H) KEECHERRY KARA, KEECHERRY VILLAGE, KULAYATTIKKARA P.O., KANAYANNOOR TALUK, ERNAKULAM DIST. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA SMT.D.SARITHA SMT.M.K.RAJITHA RESPONDENTDEFENDANT: --------------------------------------- K.V. KASMIN, AGED 49 YEARS, S/O. VASUDEVAN, RESIDING AT KUNNEPARAMBIL (H), PADINJATTUM CHERRY THEKKE MURI, VAIKKOM VILLAGE, VAIKOM TALUK, KOTTAYAM DIST. ADV. SRI.GEORGE KARITHANAM VARGHESE THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No. 468 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October, 2009 JUDGMENT Joseph, J. The appellant challenges the judgment, by which the suit filed by the appellant for specific performance of the contract stands rejected for non-payment of the balance court fee of Rs. 1,13,076/- 2. We heard the learned counsel for the appellant and the learned counsel for the respondent. 3. The learned counsel for the appellant would submit that the appellant has involved in an accident on 12.12.2008. According to him, it restricted his movement and time allowed for payment of the balance court fee expired and consequently the impugned judgment came to be passed. R.F.A.No. 468 of 2009 2 4. We feel that an opportunity can be given to the appellant to have a decision on merits after remitting the balance court fee. 5. Accordingly this appeal is allowed. The impugned judgment is set aside and the appellant is granted one month's time to remit the balance court fee on condition that the appellant pays cost of Rs.1,500/- to the respondent and produce memo before this Court within a period of one month. If the appellant does not pay the balance court fee and cost as aforementioned, this appeal will stand dismissed. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm