This judgment dismisses a regular first appeal due to non-payment of balance court fee despite extensions and lack of appearance by the appellants. The court directed a refund of fees paid.
Appeal dismissed; Registry directed to refund court fee paid by appellants.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941
RFA.No.160 OF 2017
AGAINST THE JUDGMENT IN OS 180/2012 DATED 30-06-2016 OF SUB JUDGE,ALAPPUZHA
APPELLANTS/DEFENDANTS 2 & 3:
1 SHAJI AGED 49 YEARS, S/O.ANTONY, THARAKAM PARAMBIL HOUSE, PULIMKUNNU MURI, KAINAKARY VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT.
RESPONDENTS/PLAINTIFF/DEFENDANTS 1 & 4:
1 LUKOSE ZACHARIAH @ ZAK NEDUMCHIRA LUKE HOUSE NO.421A, ERAYILKADAVU, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT, NOW RESIDING AND WORKING AT 6145 NORTH SHERIDAN ROAD, APARTMENT NO. 14D, CHICHAGO, ILLINOIS -60660 USA.
3 JOSEPH JOSEPH AGED 48 YEARS, S/O.P.A.JOSEPH, PALLIPARAMBIL HOUSE, CHUNGAM WARD, ALAPPUZHA - 688 011.
R1 BY ADV. SRI.GEORGE THOMAS (MEVADA)(SR.) R1 BY ADV. SRI.AMAL GEORGE R1 BY ADV. SRI.MANU GEORGE KURUVILLA R2 BY ADV. SRI.M.NARENDRA KUMAR
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.160 OF 2017
2
J U D G M E N T
The Registry has noticed that balance Court Fee has not been paid by the appellants even though they were directed to do so as early as on 14.01.2019 and subsequently granted extension until 25.10.2019.
In the afore circumstances, I am left with no other option but to dismiss this RFA and consequently, the Registry is directed to refund the Court Fee already paid in this Memorandum to the appellants as per the provisions of the Kerala Court Fees and Suits Valuation Act.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
1 issue framed by the court
Whether the regular first appeal be dismissed for non-payment of balance court fee and non-appearances of appellants.
SHAJI
TESSY JOSEPH
LUKOSE ZACHARIAH
BHIMA INFRASTRUCTURE & PROPERTIES PVT. LTD.
JOSEPH JOSEPH
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
