IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN SATURDAY, THE 2ND OCTOBER 2010 / 10TH ASWINA 1932 Mat.Appeal.No. 884 of 2010() ---------------------------- OP.577/2008 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): --------------- 1. MANOJ,AGED 29 YEARS, S/O.MOHANAN,MANOJ VILASAM,VANMALA VETTITHITTA PO, PIRAVANTHOOR VILLAGE,PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. DEVAKI,AGED 61 YEARS, GEETHALAYAM,PAIMANANTHOOR VILLAGE, ALIMUKKU PO, PIRAVANTHOOR,PATHANAPURAM TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- RAMYA,AGED 27 YEARS,D/O.USHA, USHA BHAVANAM,KALLAR,NELLIPPALLY PO,VALAKKODU VILLAGE,PATHANAPURAM TALUK. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- C.M.Appl.No.2762 of 2010 & Mat. Appeal No. 884 of 2010 ------------------------------------------------- Dated this the 2nd day of November, 2010 ORDER/JUDGMENT Basant,J. The challenge is against an ex parte decree directing return of money and gold ornaments. The impugned order is an ex parte order. There is delay in filing the appeal. Be that as it may, we wanted the learned counsel to explain how appeal on merits is maintainable when the course adopted by the court below in setting the appellants ex parte can be sought to be corrected by an appropriate application under Order IX Rule 13 CPC. 2. After discussions at the Bar, the learned counsel for the appellants submits that this appeal and the petition for condonation of delay may now be dismissed as withdrawn -: 2 :- without prejudice to the rights of the appellants to approach the court below to get the ex parte order passed against them set aside in accordance with law. We accept the request. This appeal and the petition for condonation of delay are dismissed as withdrawn without any fetter on the rights of the appellants to approach the court below to get the ex parte order set aside. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge