IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 RFA.NO. 391 OF 2008() --------------------- {OS.73/2006 OF THE PRINCIPAL SUB COURT, KOCHI] .................... APPELLANT/PLAINTIFF ------------------------- THANKAPPAN @ MANUEL, S/O. LATE K.N. SEBASTIAN, RESIDING QT KANAKKASSERY, OCHENTHURUTHY DESOM, VYPEEN, KOCHI TALUK. BY ADV. SRI.G.SUBRAMANIAN SRI.BOBBYMATHEW KOOTHATTUKULAM RESPONDENT(S): RESPONDENT ------------------------------------ ANILJITH, S/O. XAVIER, RESIDING AT KANDAPASSERY, ELAMKUNNUPUZHA, OCHENTHURUTHU DESOM KOCHI TALUK. ADV. SMT.SAJITHA.S.DHARAN SRI.SELJUM P.EMMANNUEL THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- R.F.A.No.391 of 2008 --------------------------------------- Dated this the 15th day of July, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. This matter is repeatedly being posted. On 16.3.2010 balance court fee was not paid and there was no representation for the appellant. On 17.3.2010, there was apparently no representation and even today, when the matter is taken up, there is no representation for the appellant. The balance court fee has not been paid. We have also taken note of the affidavit filed by the respondent in support of I.A.No.674/2010 requesting for an early disposal of the matter. She has stated that she had undergone a by-pass surgery and is essentially handicapped both due to ill-health and financially. R.F.A.No.391 of 2008 :: 2 :: We do not find any reason to entertain the appeal any further. Appeal is accordingly dismissed. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy// P.S. to Judge.