IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 26971 of 2008(J) -------------------------- OS.235/1996 of M.C.,PARAPPANANGADI .................... PETITIONER: ------------ KUNHALUMBAN, S/O.KOTTADAN CHATHAN, KUNNAMANGALAM AMSOM, DESOM, TIRURANGADI TALUK. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. KUNHI D/O.KOTTADAN KARIKUTTY, ERANAD TALUK, ANTHIYOOR KUNNU AMSOM, DESOM, MALAPPURAM DISTRICT. 2. NANGEELI, D/O.KOTTADAN KARIKUTTY, ERANAD TALUK, ANTHIYOOR KUNNU DESOM, DESOM, MALAPPURAM DISTRICT. 3. KOLATHI, D/O.KOTTADAN KARIKUTTY ERANAD TALUK, ANTHIYOOR KUNNU AMSOM, DESOM, MALAPPURAM DISTRICT. 4. KOTTADAN KARIKUTTY'S CHILDREN UNNIPPERI ERANAD TALUK, ANTHIYOOR KUNNU AMSOM, DESOM, MALAPPURAM DISTRICT. 5. LAKSHMI, D/O.KOTTADAN KARIKUTTY ERANAD TALUK, ANTHIYOOR KUNNU AMSOM, DESOM. 6. KOTTADAN KARIKUTTY'S WIFE CHAKKI ERANAD TALUK, ANTHIYOOR KUNNU AMSOM, DESOM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- W.P.(C).NO.26971 OF 2008-J ---------------------------------- Dated this the 17th day of September, 2008. JUDGMENT Petitioner, who is the 21st defendant in O.S.No.235/1996 on the file of the Munsiff's Court, Parappanangadi, challenges Ext.P7 order dated 8.8.2008 passed by the trial court dismissing his application filed as I.A.No.1359/2008 seeking the framing of two additional issues as to what is the correct market value of the plaint schedule property and whether the court fee paid is correct or not. The trial of the case had already been commenced and examination of the plaintiff was over. The plaintiff was cross examined by the counsel appearing for defendants 9,10,13,14,35,40 and 46. It was thereafter that the petitioner raked up the question of court fee by filing the said application and the court below has rightly dismissed that application filed belatedly and without any bonafides. 2. I see no reason to interfere with the order passed by the court below in exercise of the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The court below shall WPC.NO.26971/2008 . 2 proceed to complete the trial expeditiously and dispose of the suit without any further delay. This writ petition is accordingly dismissed. V. RAMKUMAR,JUDGE. cl