Vinod Kumar v. Roby

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 22ND DAY OF JULY 2013/31ST ASHADHA, 1935 RFA.No. 177 of 2011 (I ) ------------------------ AGAINST THE ORDER/JUDGMENT IN OS 1341/2007 of PRL.SUB COURT,THRISSUR DATED 18-06-2010 APPELLANT/DEFENDANT:

---------------------------- VINOD KUMAR, S/O. MEKKARA KUNJUMON, AGED 38 YEARS, MELECHIRA DESOM, PEECHI VILLAGE THRISSUR TALUK.

BY ADV. SRI.T.I.DANIEL RESPONDENT(S)/PLAINTIFF:

-------------------------------- ROBY, S/O. PALLIYEKKRA BABY, AGED 41 YEARS, CHIYYARAM DESOM, VILLAGE THRISSUR TALUK.

R, BY ADV. SRI.C.A.CHACKO THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 22-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P.JOSEPH, JJ.

------------------------- R.F.A No. 177 of 2011 & I.A No.3213 of 2011 -------------------------- Dated this the 22nd day of July, 2013

J U D G M E N T

Thottathil B.Radhakrishnan,J.

The learned counsel for appellant has reported that the matter has been settled out of court and that the impugned decree stands satisfied. We record the above submission. The application for permission to remit the balance court fee (I.A No.3213 of 2011) is dismissed. In view of the aforesaid, the appeal is defective for non-payment of balance court fee. Appeal is accordingly rejected. We also record that the appeal is unnecessary and order refund of the court fee remitted on the appeal to the appellant through his learned counsel.

Sd/-Thottathil B.Radhakrishnan, Judge Sd/-Babu Mathew P.Joseph, Judge ma /True copy/ P.A to Judge