Edakkadan Subaida v. Thendan Valappil Ashraf Haji

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 RFA.No. 535 of 2005 AGAINST THE DECREE AND JUDGMENT IN OS 70/2003 of ADDL.SUB COURT, THALASSERY DATED 03-03-2005 APPELLANTS/DEFENDANTS:

1. EDAKKADAN SUBAIDA, D/O.POKKU, RESIDING AT SUBAIDA MANZIL, NEAR POLICE STATION MATTANNUR, P.O.MATTANNUR, THALASSERY TALUK.

2. THAIKKANDY K ADAYAPRATH PATHOOTTY, D/O.SAINABA, FATHIMA COTTAGE, KUNNECHAL P.O.MATTANNUR, THALASSERY TALUK.

BY ADV. SRI.CIBI THOMAS RESPONDENT/PLAINTIFF:

THENDAN VALAPPIL ASHRAF HAJI, S/O.AMMED HAJI, RESIDING AT T.V.HOUSE ANJARAKKANDI AMSOM, MAMBA DESOM, KANNUR TALUK REP. BY POWER OF ATTORNEY HOLDER, C.K.SUBAIR S/O.MAMMU HAJI, RESIDING AT IRIVERY AMSOM AND DESOM KANNUR TALUK R,R1 BY ADV. SRI.R.SURENDRAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No.535 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2015

JUDGMENT

Antony Dominic, J.

The appeal filed in 2005 was admitted by order dated 4.11.2005. Thereafter, despite various opportunities granted, the balance court fee has not been paid till date. Counsel for the appellant also states that there was no response from the appellant.

In such circumstances, for non payment of the balance court fee, appeal is rejected.

ANTONY DOMINIC JUDGE P.V.ASHA JUDGE jes