Disposed

K.G.Sunil Dutt v. Rev.Fr.K.P.Varghse @ Philipose Varghese

Kerala HC28 Mar 2008WP(C)/10486/2008

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Subordinate Judge, Kottayam to consider the petitioner's application for extension of time to pay court fee sympathetically and grant time at least until the courthouse reopens after the summer vacation.

What did the court decide?

Directed the Court below to grant time for payment of court fee at least until the reopening of the Court after holidays.

K.G.Sunil Dutt Vs Rev.Fr.K.P.Varghse @… — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930

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WP(C).No. 10486 of 2008(W)

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--------------------------------------PETITIONER:

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------------------K.G.SUNIL DUTT, AGED 47 YEARS, S/O. LATE K.C.GANGADHARAN, KONNUMADATH HOUSE, UDAYA ROAD, THYIOODAM, KOCHI 19.

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BY ADV. SRI.T.M.ABDUL LATHEEF

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RESPONDENTS:

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----------------------1. REV.FR.K.P.VARGHESE @ PHILIPOSE VARGHESE, KOLESSERIL HOUSE, VELLOOR P.O. PAMPADY, KOTTAYAM DISTRICT, ALSO KNOWN AS REV. FR. GEEVARGHESE KOLESSERIL, NOW WORKING AS CENTRAL EXCISE INSPECTOR, CENTRAL EXCISE HEAD QUARTERS OFFICE, OPP. GANDHI BUILDING, CHOWK BAZAR, SURAT 395001, GUJARATH, RESIDING AT 303, B-JALARAM PALACE, BHATTAR ROAD, NEAR ANUKUR APARTMENT, SURAT 395001.

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2. SMT.LEELAMMA VARGHESE, W/O. REV. FR.KOLESSRIL VARGHESE @ GEEVARGHESE, KOLASSERIL HOUSE, VELLOOR P.O., PAMPADY, KOTTAYAM DISTRICT, NOW RESIDING AT 303, B-JALARAM PALACE, BHATTAR ROAD, NEAR ANUKUR APARTMENT, SURAT 395 001.

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3. DENNIS VARGHESE, S/O. REV. KOLESSERIL VARGHESE @ GEEVARGHESE, KOLLESSERIL HOUSE, VELLOOR P.O. PAMPADY , KOTTAYAM DISTRICT, NOW RESIDING AT 303, B-JALARAM PALACE, BHATTAR ROAD, NEAR ANUKUR APARTMENT, SURAT 395 001.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 10486 OF 2008 = = = = = = = = = = = = = = = Dated this the 28^th day of March, 2008.

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J U D G M E N T

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This writ petition is preferred with a prayer to call for the records relating to Ext.P1 and direct the Subordinate Judge, Kottayam to grant extension for payment of balance Court fee of Rs.1,26,245/- for a period of two months, at any rate to pay the same on reopening of the Court after summer vacation.

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The apprehension of the learned counsel for the

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writ petitioner is that the Court has orally stated that it will not grant more than 15 days time and in case of failure it will reject the plaint for non payment of the Court fee. The amount of Court fee to be paid is Rs.1,26,245/- and when there is difficulty expressed the Court is to consider the reality and pass appropriate orders. It goes without saying that the Court has the power to extend the time for payment

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of Court fee even after the expiry of 30 days under the

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W.P.C 10486 OF 2008

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-:2:-

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provisions of the CPC. I am informed that an application is

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filed for extension of time and I direct the Court below to consider it sympathetically and grant time at least till the reopening of the Court after holidays and then pass appropriate orders.

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The writ petition is disposed of accordingly.

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M.N. KRISHNAN, JUDGE.

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ul/-

K.G.Sunil Dutt v. Rev.Fr.K.P.Varghse @ Philipose Varghese

Case brief

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K.G.Sunil Dutt v. Rev.Fr.K.P.Varghse @ Philipose Varghese

Case brief

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