Purayil Gopalan vs Purayil Vilasini
2023 Latest Caselaw 10805 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
             Thursday, the 19th day of October 2023 / 27th Aswina, 1945

                  CMCP NO. 17 OF 2022 IN RSA.NO.211/2022 (INDIGENT)

                         AS.NO.17/2019 OF SUB COURT,KOYILANDY

                      OS.NO.254/2013 OF MUNSIFF COURT,KOYILANDY

  PETITIONER/APPELLANT:

         PURAYIL GOPALAN, AGED 76 YEARS,S/O.RARAN,PURAKKATT CHITTAKANTH
         PARAMBIL,IYYAD AMSOM,DESOM,KOYILANDY TALUK,KOZHIKODE
         DISTRICT,PIN-673574.

  RESPONDENT/RESPONDENT:

         PURAYIL VILASINI,D/O.RARAN,THATTARI,VENGERI AMSOM,DESOM,KOZHIKODE
         TALUK,PIN-673601.




     Civil Miscellaneous Case (pauper) praying inter alia that in the circumstances stated in
the affidavit filed along with the CMCP the High Court be pleased to allow the petitioner to
file appeal as an indigent person against the judgment and decree dated 22.09.2021 passed
by the Sub Court,Koyilandy in AS.No.17/2019 against judgment dated 28.02.2017 in
OS.No.254 of 2013 passed by Munsiff Court, Koyilandy.


   This petition coming on for orders upon perusing the petition and the affidavit filed in
support of CMCP and upon hearing the arguments of SMT. SHAMEENA SALAHUDHEEN,
Advocate for the petitioner, the Court passed the following:
                              A.BADHARUDEEN, J.
                       -----------------------------------------
                            C.M.C.P.No.17 of 2022
                                          in
                     R.S.A.(Indigent)No.211 of 2022
                      ------------------------------------------
                  Dated this the 19th day of October, 2023


                                      ORDER

The petitioner/appellant herein seeks to sue as an indigent

person on the assertion that he does not have sufficient income

to pay the court fee of Rs.1,280/- (Rupees One Thousand Two

Hundred and Eighty only) and this appeal has been filed by

Adv.Smt.Shameena Salahudheen, as Legal Aid Counsel.

2. The report of the District Collector would go to show

that, the contention raised by the appellant is having force and

the appellant did not have sufficient means to pay court fee in

this appeal.

Therefore, the C.M.C.P. stands allowed and the appellant is

permitted to sue this appeal, as an indigent person, subject to

payment of court fee, after disposal of this appeal, in accordance

with law.

Sd/-

A. BADHARUDEEN JUDGE Bb

19-10-2023 /True Copy/ Assistant Registrar