IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 CRP.No. 492 of 2003(B) AGAINST THE ORDER DATED 24/10/2002 IN IA.681/2002 IN CMA.23/2001 OF PRINCIPAL SUB COURT, KOCHI REVN. PETITIONERS: APPELLANTS: ----------------------------- 1. SIVAN, AGED 58 YEARS, S/O.SANKARAN, RESIDING AT ANAMOOTTIPARAMBIL HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK. 2. ALLY, W/O. SIVAN, AGED 46 YEARS,RESIDING AT ANAMOOTTIPARAMBIL HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK. 3. VINOD, AGED 22 YEARS, S/O. SIVAN,RESIDING AT ANAMOOTTIPARAMBIL HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK. 4. BEENA, AGED 19 YEARS, D/O. SIVAN, RESIDING AT ANAMOOTTIPARAMBIL HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK. BY ADV. SRI.SHAJI THANKAPPAN SRI.BENNY VARGHESE RESPONDENTS: RESPONDENTS: ------------------------- 1. RAJU, AGED 24 YEARS, S/O. ANTONY, RESIDING AT PALLIPARAMBIL, VADAKKUMMURI, PALLURUTHY, KOCHI. 2. JAYADEVADAS, AGED 54 YEARS, S/O. ACHUTHAN AYYAPPAN, RESIDING AT THAREPARAMBIL, H.NO.C.C.16/375, RAMESWARAM PADINJAREMURI, THOPPUMPADY VILLAGE, PALLURUTHY, KOCHI TALUK. R1 BY ADV. SRI.JIMMY JOHN VELLANIKARAN SRI.C.P.PEETHAMBARAN SRI.M.MOHANDAS THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 492 OF 2003 -------------------------------------------- Dated this the 1st January, 2008 O R D E R The revision petitioners are the plaintiffs in O.S.No.762 of 1998, on the file of the Munsiff's Court, Kochi. The suit was dismissed for default. The petitioners filed application for restoration. The trial court dismissed the application. The petitioners/plaintiffs filed C.M.A.No.23 of 2001 before the Court of the Principal Subordinate Judge, Kochi. C.M.A.No.23 of 2001 was allowed on condition that the petitioners/appellants shall pay a sum of Rs.10,000/- as costs on or before 18.7.2002. The petitioners filed I.A.No.681 of 2002 to review that order. The court below dismissed the application for review by the order impugned in this Revision. 2. The ground raised in the Review Petition is that the amount of costs awarded is highly excessive. The first petitioner is a fisherman. The property involved in the case is a residential property having an extent of only two cents. In view of the peculiar circumstances, the petitioners contended that the very onerous condition of payment of costs of Rs.10,000/- should be relaxed by reducing the amount of costs. The court below stated that poverty is not a ground to review the order for payment of costs. 3. Heard counsel for the petitioners and the counsel for the respondents. 4. I have gone through the plaint and the contentions raised by the C.R.P. NO.492 OF 2003 :: 2 :: parties. It is not in dispute that the first petitioner is a fisherman. It is also not in dispute that the extent of property involved is two cents with a residential building. The averments in the plaint would indicate that the father of the first plaintiff had obtained an extent of seven and odd cents as kudikidappu and a portion of the same was given under a Will in favour of the first petitioner. In the facts and circumstances of the case, had it been a Revision against the judgment in C.M.A.No.23 of 2001, I would have reduced the amount of costs. Though I am of the view that the condition imposed is onerous and the amount fixed is on the higher side, I am not inclined to interfere with the order impugned in this Revision. However, taking into account the facts and circumstances of the case, it would be only just and proper to extend the period for payment of costs by a further period of one month from today. If the petitioners pay the costs of Rs.10,000/- within one month from today, it shall be taken that the order dated 8.7.2002 in C.M.A.No.23 of 2001 is complied with. The Civil Revision Petition is disposed of as above. No order as to costs. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ---------------------------------------------- ---------------------------------------------- C.R.P.NO. 492 OF 2003 B O R D E R 1st January, 2008 ----------------------------------------------