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2011 Supreme(Ker) 911

P.Q.BARKATH ALI, V.RAMKUMAR
S. Manilal Panicker – Appellant
Versus
Titto Abraham – Respondent


Advocates Appeared:
For the Appellant:P.C. Chacko, Advocate.
For the Respondent:M/s. Jikku Jacob, Government Pleader, Roy Thomas, Advocate.

Judgment :-

RamKumar, J.

1. This appeal filed under Section 5 of the Kerala High Court Act, 1958 was disposed of by a Division Bench on 25-3-2010 as “closed” consequent on the matter having been settled before the Lok Adalat organized by the High Court Legal Services Committee on 4-3-2010. But then the Registry raised an objection that the appellant had paid only 1/3 of the court fee at the time of filing the appeal and the balance court fee was not paid. Thereupon the case was posted for hearing on the above question regarding the balance court fee payable.

2. We heard Advocate Sri. P.C. Chacko, the learned counsel appearing for the appellant and Advocates M/s. Jikku Jacob and Roy Thomas, the learned Government Pleaders who represented the State.

3. The above appeal was filed on 19-5-1998 remitting 1/3 court fee of Rs.1215/-. The total court fee payable on the memorandum of appeal was Rs.3,640/-. The balance court fee payable was Rs.2425/-. The balance court fee payable was Rs.2425/-. It was said deficit court fee that the Registry raised the above objection.

4. After the filing of the appeal, the Division Bench before which the appeal was pending referred the matter to the Lok A























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