IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Mat.Appeal.No. 356 of 2009 ---------------------------- OP.1056/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONERS: RESPONDENTS -------------------------- 1. BINURAJ, AGED 29 YEARS, S/O LATE PURUSHOTHAMAN, RESIDING AT PADINJAREKKARA HOUSE, PAMPADY P.O., PAMPADY VILLAGE, KOTTAYAM DISTRICT. 2. SARASAMMA, AGED 57 YEARS, W/O LATE PURUSHOTHAMAN, RESIDING AT PADINJAREKKARA HOUSE, PAMPADY P.O., PAMPADY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: PETITIONER ------------------------- VINEETHA, AGED 22 YEARS, W/O BINURAJ, PLAKKUZHIKAROTTU HOUSE, MALLOOSSERY KARA, PERUMBAIKADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, NOW RESIDING AT PUTHENKULANGARA, KUMARANELLUR P.O., KOTTAYAM DISTRICT. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== MAT.APPEAL NO. 356 OF 2009 & C.M.APPLN. 1159 OF 2009 ============================ DATED THIS THE 3RD DAY OF JUNE 2009 JUDGMENT Basant,J. The respondent, who is the wife of the first appellant had filed an application before the Family Court for return of money/value of gold ornaments. In that petition, the appellants herein were set ex parte. This appeal is preferred against the said ex parte order. 2. Called upon to explain why the appellants have come before this Court without and before approaching the Family Court to get the ex parte order set aside, the learned counsel for the appellants submits that the appellants may be permitted to approach the Family Court to get the impugned ex parte order set aside. Reserving their right to approach the court below to get the ex parte order set aside, this Mat Appeal may be dismissed, submits the learned counsel for the appellants. MAT.356/2009 -2- 3. This petition and appeal are accordingly dismissed as withdrawn. It is made clear that the dismissal of the appeal will not in any way fetter the rights of the appellants to approach the Family Court to get the ex parte order set aside subject, of course, to the law of limitation. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.