The court noted the petitioner is an appellant in a civil suit regarding delay in payment of court fee. The appeal was held premature as the challenge to the lower court's inaction pending an application for extension of time could not be granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932
OP(C).No. 513 of 2011(O)
-----------------------OS.34/2010 of SUB COURT, MANJERI ....................
PETITIONER
MOIDEENKUTTY, S/O.THOTTEKKARA PALLIYATH MOHAMMED, TIRUR TALUK, KOLAMANGALAM AMSOM, VALANCHERRY DESOM.
BY ADV. SRI.K.I.SAGEER
RESPONDENT(S):
ABRAHAM GEORGE, S/O.PALLIVATHUKKAL GEORGE, NILAMBUR TALUK, KARUVARAKUNDU AMSOM, CHERUMBA DESOM, MALAPPURAM-676 303
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN, J .
O.P(C).No.513 OF 2011
Dated this the 4th day of February, 2011
JUDGMENT
The petitioner, the plaintiff in O.S.No.34 of 2010 was
granted time up to 31.1.2011 to pay the balance court fee.
The balance court fee will come to Rs.4,87,710/-. The
petitioner applied before the court below to grant further
time. That application is pending. The petitioner
apprehends that the court may not grant the prayer and
which may result in the rejection of the plaint.
2. The prayer in the Original Petition is to direct
the Subordinate Judge to pass orders on the application
filed by the petitioner for extension of time and grant
time to remit the balance court fee.
3. The court below has not passed any order. The
relief prayed for as such cannot be granted. The Original
Petition is premature. Accordingly, the Original Petition
is closed.
K.T.SANKARAN,
JUDGE.
cms
Moideenkutty
Abraham George
K.T. Sankaran
As recorded by the court registry
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