IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 RFA.No. 121 of 2010() --------------------- OS.638/2009 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/PLAINTIFF --------------------------------------- FAISAL, AGED 43, S/O.MOHAMMED, MANNATH HOUSE, CHUTTUPADU KARA, EDAPPALLY NORTH VILLAGE, KANAYANNOOR TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): DEFENDANT ------------------------ VINAYAN, S/O.DHARMAJAN, VETTANTHARA HOUSE, PUTHU VAIPU DESOM, PUTHU VAIPU VILLAGE, KOCHI TALUK. ADV. SRI.C.S.MANU THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.F.A.No. 121 OF 2010 ------------------------ Dated this the 3rd day of March, 2010 JUDGMENT Pius C.Kuriakose, J. Sri.V.Rajendran Perumbavoor, learned counsel for the appellant, informs us that the entire court fee payable on the plaint is already remitted by 18/12/2009. Having regard to the above submission and the other submissions addressed before us by Sri.Rajendran which were not resisted by Sri.C.S.Manu learned counsel for the respondent, we are of the view that this appeal can be allowed. 2. We set aside the order under appeal and remit O.S. No.638/2009 to the IInd Additional Sub Court, Ernakulam. That court is directed to post the suit peremptorily for filing of written statement, formulate issues if the same arise on the basis of the contentions raised and dispose of the suit in accordance with law at the learned Sub Judge's earliest. The parties will enter appearance before the learned Sub Judge on 22/3/2010. The RFA.No.121/2010 2 respondent will file written statement if any on or before 31/3/2010. The appeal is disposed of with the above direction. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk