IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11797 of 2009(O) -------------------------- AS.126/2007 of SUB COURT,KOTTARAKKARA OS.537/2003 OF MUNSIFF COURT, KOTTARAKKARA (EP.79/2007) .................... PETITIONER(S): --------------- MURALEEDHARAN, S/O.JANARDHANAN, MANU MANDIRAM (SREEDEVIVILASOM), PARAMCODE MURI, ELAMADU VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- NADARAJAN, S/O.PADMANABHAN, VALSA BHAVAN, PARAMCODU MURI, ELAMADU VILLAGE, KOTTARAKKARA TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- W.P.(C).No.11797 of 2009 ----------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The Writ Petitioner is the defendant in O.S.No.537 of 2003 on the file of the court of the Munsiff of Kottarakkara. The suit was for realisation of money. The suit was decreed on 23.8.2007. The petitioner challenged the judgment and decree in A.S.No.126 of 2007 before the Sub Court, Kottarakara. The appeal was rejected for non payment of balance court fee as per judgment dated 16th February 2009. It is stated that the date on which the appeal was rejected, the balance court fee was paid. Ext.P4 application was filed on 13th March 2009 to review the judgment rejecting the appeal. Ext.P4 application is pending disposal. 2. The only relief prayed for by the Writ Petitioner is to direct the lower appellate court to consider Ext.P4 application. In the manner in which I dispose of the Writ Petition, I do not think that notice need be issued to the respondent. WPC No.11797/2009 2 In the facts and circumstances, the Writ Petition is disposed of directing the Sub Court, Kottarakkara, to consider the application for review (I.A.No.570 of 2009) in A.S.No.126 of 2007 expeditiously and pass appropriate orders. The application shall be disposed of on or before 15th June 2009. K.T.SANKARAN, JUDGE csl