IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 121 of 2010()
1. FAISAL, AGED 43, S/O.MOHAMMED,
... Petitioner
Vs
1. VINAYAN, S/O.DHARMAJAN,
... Respondent
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent :SRI.C.S.MANU
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :03/03/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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R.F.A.No. 121 OF 2010
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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