IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 CMCP.No. 10 of 2002() in A.S. (Indigent) No. of 2002 --------------------- PETITIONER/APPELLANT -------------------- P.V.JOSEPH, S/O.VARGHESE, PADAMATTUMMEL HOUSE, ELAMKULAM VILLAGE, ELAMKULAM DESOM, KANAYANNUR TALUK. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: RESPONDENT ----------------------- V.M.MONIAMMA, AGED 44 YEARS, D/O.THOMAS MATHAI, RESIDING AT HOUSE NO.37/371-B-1 (NEW NO. 37/443) KADAVANTHRA DESOM, ELAMKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.BABU CHERUKARA THIS CIVIL MISC. CASE(PAUPER) HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- C.M.C.P.NO. 10 OF 2002 IN A.S.(Indigent)No. 2002 -------------------------------- Dated this the 27th day of March, 2008 O R D E R Raman, J. This is a petition seeking leave to file the appeal as an indigent person. Pursuant to the enquiry the report of the Tahsildar was filed. It shows that apart from the suit property, the petitioner has no other immovable property. He has filed an affidavit and additional reply affidavit before this Court. In paragraph 2 of the affidavit it is stated that he took voluntary retirement from the Bank as a last grade servant and that the amount received has been utilised for the treatment of his wife, who was suffering from cancer. He has also mounted the box and he was cross-examined by the other side. Nothing is brought to discredit his testimony. No other contra evidence is also adduced by the respondent. In the facts and circumstances of the case and after considering the entire evidence on record, we allow this petition. Post the appeal for admission on the reopening. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. 2 P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------- C.M.C.NO.10 OF 2002 IN A.S.(Indigent)No. OF 2002 ---------------------------- O R D E R 27th March, 2008