IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 RFA.No. 352 of 2011() --------------------- APPELLANT / PLAINTIFF ------------------------------------- P.S. NAIR, AGED 56 YEARS, KALABHAVAN, THADIYOOR.P.O, KURIYANOOR KARA, THIRUVALLA. BY ADV. SRI.P.SANJAY SRI.PARVATHI MENON.A SRI.BIJU MEENATOOR RESPONDENT/ DEFENDANT ---------------------------------------- MOLLY YOHANNAN, W/O. NEDUMBALLIL YOHANNAN, NEDUMBALLIL HOUSE, PARAVOOR DESOM, MANNAKKUNNAM VILLAGE, ERNAKULAM - 683 513. ADV. SRI.SHAJI P.CHALY FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------------- C.M.Appln.No.740 OF 2011 & R.F.A.No. 352 OF 2011 ----------------------------------------- Dated this the 1st day of July, 2011. J U D G M E N T THOTTATHIL B.RADHAKRISHNAN, J. This appeal is filed against the order rejecting claim for non- payment of balance court fee. The C.M.Application seeks condonation of delay in filing the appeal. We perused the affidavit filed accompanying the matter. The appellant shows that he was in Delhi for a few months in connection with his personal activities and he could not be contacted with the counsel. We also see that he had obtained an order of attachment. However, we are inclined to take the view that the appellant is to be given an opportunity to agitate in the matter on merits having regard to his claim for money. We therefore allow the C.M.Application and R.F.A on condition that the appellant pays the respondent an amount of Rs.15,000/-, payable to the counsel appearing for the respondent before this Court, within a period of three weeks from now. On such payment, the impugned order will stand set aside C.M.Appln.No.740 OF 2011 & R.F.A.No. 352 OF 2011 2 and the parties will appear before the court below on 26.07.2011 and the appellant will pay balance court fee on or before 29.07.2011 without fail. Otherwise, this application and appeal will stand dismissed. If the condition aforesaid is satisfied and court fee paid, the court below will proceed with the matter. Sd/- THOTTATHIL B.RADHAKRISHNAN JUDGE. Sd/- S.S.SATHEESACHANDRAN JUDGE. dmb In compliance of the direction contained in the judgment dated 1.7.2011 in C.M.Application No.740/2011 and R.F.A.No.352/2011, the counsel for the appellant filed memo dated 22.07.2011 stating payment of Rs.15,000/- (Rupees Fifteen thousand only) within the period stipulated in the judgment. Sd/- Registrar (Judicial)