IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 RFA.No. 421 of 2008 --------------------- ( OS.119/2007 of PRINCIPAL SUB COURT,KOCHI. ) APPELLANT/PLAINTIFF: --------------------------- SATHYANARAYANAN, S/O.VASUDEVAN, VADAKKAMADATHIL, PARUTHARAMURI, PARAVUR VILLAGE, PARAVUR TALUK. BY ADV. SRI.HARISH R. MENON ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS/DEFENDANTS: --------------------------------- 1. SARADAKUTTY NAMBISHTTATHIRI, W/O.KUNJUNNI, KANNAZHAYATH MADOM, ELANKUNNAPUZHA VILLAGE, KOCHI TALUK. 2. AJITH VARMA, S/O.KUNJUNNI THIRUMULPPAD, KANNAZHAYATH MADOM, ELANKUNNAPUZHA VILLAGE, KOCHI TALUK. ADV. V.CHITHAMBARESH (Sr.) R2 BY ADV. SRI.S.SHYAM THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. .............................................. R.F.A.No. 421 OF 2008 ............................................... Dated this the 6th November, 2008 J U D G M E N T K.T. Sankaran, J: The plaintiff in O.S.No.119 of 2007 on the file of the Sub Court, Kochi has filed this appeal challenging the judgment dated 19th February, 2008, by which the court below rejected the plaint for non-payment of balance court fee. 2. It is stated that the first respondent is dead. Learned counsel appearing for the parties submitted that the first respondent had only life interest in the property and therefore it is not necessary to implead the legal representatives of the first respondent. The learned counsel for the appellant submitted that the appellant may be given an opportunity to pay the balance court fee within a reasonable time. 3. In the facts and circumstances of the case, it is only just and proper to grant an opportunity to the appellant to pay R.F.A.No. 421 OF 2008 2 the balance court fee. No prejudice will be caused to the respondents if such an opportunity is granted to the appellant. Accordingly, the judgment impugned in this appeal is set aside. The appellant is granted two weeks' time from today to pay the balance court fee. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk