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T.B. Gopinath vs P. Usha on 11 February, 2009

Kerala High Court
T.B. Gopinath vs P. Usha on 11 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RFA.No. 478 of 2006(Y)


1. T.B. GOPINATH, AGED 56 YEARS,
                      ...  Petitioner

                        Vs



1. P. USHA, AGED 35 YEARS,
                       ...       Respondent

2. P. VIJEESH, AGED 22 YEARS,

3. P. RIGILA, AGED 20 YEARS,

4. P. PREMA, AGED 41 YEARS,

5. P. PUSHPA, AGED 40 YEARS,

6. P. SUNDARAN, AGED 39 YEARS,

7. GEETHA, AGED 37 YEARS,

8. P. SANTHOSH, AGED 35 YEARS,

9. BINDU, P. PREMA, AGED 31 YEARS,

10. SINDHU, AGED 41 YEARS,

                For Petitioner  :SRI.JACOB ABRAHAM

                For Respondent  :SRI.P.SANJAY

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :11/02/2009

 O R D E R
       KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ.
               ------------------------------------------
                       R.F.A. No.478 OF 2006
               ------------------------------------------
           Dated this the 11th day of February, 2009.


                           J U D G M E N T

Kurian Joseph, J.

This is an appeal against the judgment and decree in

O.S.No.164/2003 on the file of the Sub Court, Kozhikode.

Plaintiff is the appellant. As per the judgment under appeal, the

plaint was rejected for non payment of balance court fee.

2. Having heard the counsel on both sides, we are of the

view that the plaintiff is to be given an opportunity to pay the

balance court fee in the interests of justice, on terms.

Accordingly, we set aside the judgment under appeal. The

appellant-plaintiff is permitted to pay the balance court fee within

a period of one month from today. The appellant shall also pay

costs to the tune of Rs.10,000/- (Rupees ten thousand only) to

the Kerala High Court Legal Service Committee. It is made clear

that in case the payments are not made as above, the appeal will

R.F.A.No.478/2006 2

stand dismissed. The parties will appear before the court below

on 31.03.2009.

The appeal is disposed of as above.

KURIAN JOSEPH
JUDGE

S.S.SATHEESACHANDRAN
JUDGE

smp

R.F.A.No.478/2006 3

KURIAN JOSEPH &
S.S.SATHEESACHANDRAN, JJ.

R.F.A. No.478 OF 2006

J U D G M E N T

11.02.2009

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