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 17TH MARCH 2010 / 26TH PHALGUNA 1931 FAO.No. 89 of 2008() -------------------- IA.908/07 IN OS.153/2007 of SUB COURT, PATHANAMTHITTA .................... APPELLANT/ PETITIONER/PLAINTIFF: ----------------------------------------- JAYARAJ KUMAR, S/O.SIVARAMAN NAIR, ARAMOM, THAPPUPURA P.O., EZHAMKULAM VILLAGE, ADOOR TALUK. BY ADV. SRI.D.KISHORE RESPONDENT(S): COUNTER PETITIONER/DEFENDANT ------------------------------------------- P.J.SURESH, S/O.JANARDHANAN, NIKIL BHAVAN, ARUKALICKAL WEST MURI, EZHAMKULAM VILLAGE, ADOOR TALUK. ADV. SRI.A.B.MOHANAKUMAR SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 17/03/2010, ALONG WITH RFA NO. 209 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ FAO. No. 89 of 2008 & RFA. No. 209 of 2008 ---------------------------------------------------- Dated this the 17th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. FAO. 89 of 2008 is directed against the order of the court below dismissing an application for attachment. FAO. 209 of 2008 is directed against the order dismissing a claim petition filed under Order XXI Rule 58. It is submitted by Sri.D.Kishore, learned counsel for the appellant in both the cases that it was for non-remittance of the balance court fee that the plaint was rejected. The court fee comes to a very substantial amount and the appellant is not in a position to remit the balance court fee and the learned counsel submitted that both the appeals can be closed. In view of the submission of the learned counsel for the appellant, both the appeals are closed. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-