IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 CMCP.No. 75 of 2007() --------------------- OS.374/2003 of II ADDL.SUB COURT,KOZHIKODE .................... APPELLANT/2ND DEFENDANT: ------------------------------- SAROJINI, W/O.KUMARAN, AGED 52 YEARS, RESIDING AT CP 9/962, "SOUPARNIKA". CHATHAMANGALAM P.O., KOZHIKODE-673 601. BY ADV. SRI.M.HARISHARMA SMT.SAROJINI, PARTY IN PERSON RESPONDENTS: PLAINTIFF AND 1ST DEFENDANT: ----------------------------------------- 1. T.P.THANKACHAN, S/O.POULOSE, AGED 51 YEARS, THARANIYIL HOUSE, THAMBALAMANNA P.O., THIRUVAMBADI (VIA) KOZHIKODE-673 601. 2. M.KUMARAN, S/O.M.POKINAN, AGED 55 YEARS, HAVING PERMANENT ADDRESS AT CP 9/962, "SOUPARNIKA". CHATHAMANGALAM P.O., KOZHIKODE-673 601. BY GOVERNMENT PLEADER,SRI.R.LAKSHMINARAYANAN SRI.S.ANANTHAKRISHNAN FOR R1 SRI.N.K.SUBRAMANIAN FOR R1 SRI.SHYAM PADMAN FOR R1 THIS CIVIL MISC. CASE(PAUPER) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Civil Miscellaneous Case (Pauper)No.75/2007 in Unnumbered Regular First Appeal ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 5th day of June, 2008 O R D E R P.R.RAMAN, J. Petitioner has sought permission to file the appeal as an indigent person. 2. The report of the District Collector shows that the only property possessed by the petitioner is a double storeyed building in 16.6 cents of land which admittedly is the subject matter of the suit and necessarily to be excluded from consideration in deciding the indigency. 3. In the counter affidavit filed by the first respondent it is stated that the petitioner is employed, it is not disputed. But the petitioner in her affidavit has stated that she is now receiving Rs.800/- as take home salary and she has a family of three persons including her two children. However, the other liability towards life insurance and chitty is also there. Even if the liability incurred by the petitioner is excluded, the carry home pay is hardly sufficient according to her to make up payment. Accordingly, we allow the Civil Miscellaneous Case. Number the Regular First Appeal and post the same for admission. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms