IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 FAO.No. 329 of 2010() -------------------------- OS.66/2008 of PRL.S.C.,THALASSERY .................... APPELLANT/DEFENDANT: ------------------------------ A.V.SHAFEEQUE, S/O.HAMEED, AGED 39 YEARS, RESIDING AT CHALAD, KANNUR NOW EMPOOYED ABROAD, THROUGH POWER OF ATTORNEY HOLDER AHAMMED ALAKKALAKATH S/O.ABOOBACKER, AGED 42 YEARS, BUSINESS, ALAKKALAKATH HOUSE, NEAR SANITARY OFFICE, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): PLAINTIFF: ---------------------------------- K.T.MUHAMMED ALI, S/O.HASSANKUTTY HAJI, AGED 68 YEARS, NO OCCUPATION RESIDING AT ARIFAS, P.O.CHALAD, KANNUR, PIN-670 014. BY ADV. SRI.K.RAJESH SUKUMARAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 329 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2010. JUDGMENT Thottathil B. Radhakrishnan, J, This appeal arises from a suit between near relatives. The plaintiff is the brother-in-law of the defendant. The suit is for money. The defendant says that his contention is one of discharge. Whatever that be, an ex-parte decree was passed due to his non-appearance inspite of notice through newspapers. He pleaded that he was abroad in connection with his avocation and could not appear before the court below and hence there were justifiable reasons for condoning the delay in applying for setting aside the ex-parte decree and also to have the ex-parte decree set aside. 2. Having heard learned counsel for the parties and having perused the matter and the nature of the dispute between the parties, we are satisfied that the appellant has shown sufficient cause to have the ex-parte decree set aside and also for the delay in applying for such relief condoned, but on terms. FAO. 329/2010. 2 In the result, this appeal is allowed on condition that the appellant will pay to the respondent the entire costs in the suit, including paper publication etc., through counsel appearing before the court below within a period of four weeks. The appellant will also pay a further sum of Rs.3,500/- to the counsel appearing for the respondent before this court within a period of three weeks. The respondent/plaintiff will be at liberty to file memo of costs before the court below. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.