This regular first appeal was rejected as it stood dismissed under Order VII Rule 11 CPC due to non-payment of the balance court fee despite a prior extension granted by the court.
The appeal is rejected under Order 7 Rule 11 CPC due to non-payment of balance court fee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 4TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943
RFA NO. 470 OF 2007
AGAINST THE JUDGMENT AND DECREE DATED 31/01/2007 IN OS 22/1997 OF SUB COURT, OTTAPPALAM
APPELLANTS IN RFA – PLAINTIFFS IN O.S:
1 LAKSHMY, AGED 45 YEARS, W/O LATE PALANI SWAMI GOUNDER, RESIDING AT AGALI AMSOM, DESOM, MANNARKKAD TALUK.2 GANDHIMATHY, D/O. LATE PALANI SWAMI GOUNDER IN -DO- -DO3 BHANUMATHY, D/O. LATE PALANI SWAMI GOUNDER IN -DO- -DOBY ADVS.SRI.K.JAYAKUMAR SRI.P.B.KRISHNANRESPONDENTS IN R.F.A-DEFENDANTS 1 TO 8 AND/SUPPLE.DEFENDANTS 9, 9(A) TO 27, AND 29 TO 36 IN O.S.:
1 RUGMINI, AGED 62, W/O LATE PALANI SWAMI GOUNDER, RESIDING NEAR AGALI AYYAPPAN KOVIL, AGALI AMSOM DESOM, IN MANNARKKAD TALUK.2 MANIKANDAN, AGED 34, IN -DO- -DO-3 SUBRAMANIAN, AGED 43 IN -DO- -DO-4 PARVATHY, AGED 35, IN -DO- -DO-5 MUHAMMED, AGED 48, S/O. KURAVANGATTUMOIDEEN, IN AGALI AMSOM DESOM, INMANNARKKAD TALUK.6 SEETHALAKSHMY, AGED 55, W/O. RAJAPPAN, IN -DO- -DO-7 SANTHA, AGED 40 YEARS, W/O. BALAN, RESIDING NEAR AGALI AYYAPPAN KOVIL, AGALI AMSOM DESOM, IN MANNARKKAD TALUK.8 AYAMMUTTY, AGED 57, S/O. KUNHALAVI, RESIDING NEAR AGALI AYYAPPAN KOVIL, AGALI AMSOM DESOM, IN MANNARKKAD TALUK.9 CHANDRA KUMAR, AGED 54, S/O. PRAYATTU VEETTIL BHASKARAN NAIR, AGALI VILLAGE IN MANNARKKAD TALUK.RFA NO. 470 OF 2007
2
10 AKBAR, AGED 40, S/O. MUHAMMED, NEAR AYYAPPAN KOVIL, AGALI.11 LEELAMMA, AGED 50, W/O. JOHNY IN -DO- IN -DO-12 MATHEW, AGED 68, KIZHAKKAMBALAM PLANTATIONS, SHOLAYUR P.O., SIRUVANI.13 RAVEENDRAN, AGED 60, HOMEO DOCTOR, MOOLAKUNNATHIL HOUSE, NEAR V.M.INDUSTRIES, BHOOTHIVAZHY, AGALI.14 VIJAYAN, AGED 58, PANCHAYATH CLERK, V.M.INDUSTRIES, IN -DO- -DO-15 MARY, AGED 58, W/O. JOSEPH,IN -DO- -DO-16 SUHARA, W/O. SULAIMAN, IN -DO- -DO-17 DHANYA, AGED 32, D/O. RAJAN, IN -DO- -DO-18 SALI, AGED 48, W/O. RAJAN, IN -DO- -DO-19 RAJALAKSHMY, AGED 60, W/O. LATE K.V.MURUKESAN, KINATHUKADAVU, POLLACHI TALUK,, COIMBATORE.20 PRESIDENT,AYYAPPANKOVIL P.O., AGALI.21 SUHARA, AGED 50, W/O. MUTHALEEF, AGALI.22 C.R.CHANDRAN, AGED 68,CHILLIKKAMARAKATH HOUSE, BAIJJA STORES P.O.,, AGALI.23 HAMZAPPA, AGED 72, MADALA HOUSE, C.M.P. OFFICE, AGALI.24 GOPALAN, AGED 68, S/O.ARCHAMI CHETTIYAR P.O.AGALI.25 ANIYAMMA, AGED 60, W/O. BABU THOMAS PANCHAYAT PRESIDENT, AGALI,, UNDER LINTE WARD.26 SIVARAMAN, AGED 70, SIVA NURSING HOME, AGALI.27 HUSSAIN, S/O. MOIDU KUNNATHURATH HOUSE, PUNNAYOORAM,, CHAVAKKAD TALUK.28 KARUNAKARAN PILLAI, AGED 80, GOVT. L.P.SCHOOL, AGALI P.O.29 KUMARA SWAMI GOUNDER, S/O. NADU GOUNDERRFA NO. 470 OF 2007
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PADAVAYAL VILLAGE, CHEERAKADAVU, THAVALAM P.O.
30 ARUMUGHASWAMI, AGED 75, PADAVAYAL VILLAGE, CHEERAKADAVU, THAVALAM P.O.31 KALI, AGED 70, W/O. BAKKEN, MELE OORU, AGALI.32 BABY, AGED 55, THAZHE OORU, AGALI.33 POOVATHA, AGED 50, D/O. PATTALINGAM PATTANAKKEL, PUTHOOR P.O.34 CHINNAKKANNI, AGED 75, W/O. NADU GOUNDER, PADAVAYAL VILLAGE, PUTHOOR P.O.35 EASWARAN, AGED 50, S/O. NADU GOUNDER, PADAVAYAL VILLAGE, PUTHUR, CHEERAKADAVU.36 ARU CHAMI, AGED 48, S/O. NADU GOUNDER PUTHUR P.O., CHAVADIYOOR VILLAGE, CHEERAKADAVU. BY ADVS.SRI.JACOB P.ALEX-R20
SRI.JOSEPH P.ALEX-R20
SRI.P.S.APPU – R21,R22,R24,R25
SHRI.MANU SANKAR P.-R20
SRI.JIBU P THOMAS – R21,R22,R24,R25
SRI.D.KRISHNA PRASAD – R6,R11
SRI.M.RAMESH CHANDER - R2
SRI.M.P.RAMNATH-R8,R9
SRI.P.SANTHALINGAM SR.-R26
SRI.T.C.SURESH MENON – R21,R22,R24,R25
SRI.SANTHEEP ANKARATH – R13,R15 TO R18,R28,R30,R34 TO R36
SRI.R.SREEHARI-R19
SRI.S.SHARAN-R26
SMT.O.K.SANTHA-R6,R11
SRI.E.R.VENKATESWARAN-R19
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 470 OF 2007
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JUDGMENT
The appeal was admitted as early as on 28/09/2007. But as an abundant caution, this Court has given further time to the appellants to pay off the balance court fee by order dated 25/11/2021. Within that time, the balance court fee was not paid. As such, the appeal will stand rejected under Order 7 Rule 11 CPC.
Sd/-
P.SOMARAJAN
JUDGE
msp
1 issue framed by the court
Whether the appeal should be dismissed due to non-payment of court fee.
1 provisions across 1 enactments
Lakshmy
Gandhimathy
Bhanumathy
Rugmini
Manikandan
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court