When a composite appeal is against the decree in the suit and the decree in the counter claim, what is the effect of non payment of court fee in the appeal against the decree in the counter claim?

2. Defendants 2 to 4 in O.S.No.271 of 1993 of the Munsiff's Court, Kottarakkara, have come up with this second appeal by challenging the judgment and decree passed by the District Court, Kollam in A.S.No.294 of 2006.

3. The suit is one for perpetual injunction restraining the defendants from trespassing into the plaint schedule property and from altering its boundaries and from committing any waste thereon. The defendants raised a counter claim through the written statement claiming a right of easement over the pathway, which commences from the road lying at the northern side of the plaint schedule property and passes through eastern extremity of the plaint schedule property which ends at the property of the defendants. The said pathway is scheduled as the counter claim schedule property. A relief has been sought for, for the declaration of the said easement right.

4. The Munsiff's Court, Kottarakkara, after trial, dismissed the suit and allowed the counter claim. Aggrieved by the