IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Mat.Appeal.No. 320 of 2008() ---------------------------- AGAINST THE ORDER DATED 27/03/2008 IN IA 80/08 & 81/08 IN OP.64/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONERS/PETITIONERS/RESPONDENTS: 1. RAHSEED 36 YEARS, KOTTARAMPATTAYIL HOUSE, S/O.BAPPU (LATE) VELIYAMCODE, PALAPPETTY,MALAPPURAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER, P.BEERAN HAJI AGED 70 YEARS, S/O.MUHAMMEDUNNI (LATE) PERUMPADAPPA AMSOM PALAPPETTY DESOM, MALAPPURAM DISTRICT. 2. BIYYATHUTTY, 60 YEARS, W/O. BAPPU (LATE) KOTTARAMPATTAYIL VEEDU,S/O.BAPPU (LATE) VELIYAMCODE, PALAPPETTY,MALAPPURAM DISTRICT. 3. HUSSAIN 43 YEARS, S/O.BAPPU (LATE) KOTTARAMPATTAYIL VEEDU, S/O.BAPPU (LATE) VELIYAMCODE, PALAPPETTY,MALAPPURAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER, P BEERAN HAJI AGED 70 YEARS, S/O.MUHAMMEDUNNI(LATE PERUMPADAPPA AMSOM,PALAPETTY DESOM,MALAPPURM DIST. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT/RESPONDENT/PETITIONER: SHASIYA P, 24 YEARS,D/O. ABDUL KHADER PANATTAYIL VEEDU, AMAYAM, CHERUVALLUR, NANNAMUKKU PO,MALAPPURAM DISTRICT. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- Mat.Appeal.No.320 OF 2008 ------------------------------------- Dated 29th May, 2008 JUDGMENT Koshy,J . By the impugned order, appellants' application for setting aside the ex parte order in O.P.No.64 of 2007 was allowed on condition that appellants shall deposit 10% of the decreetal amount before the Family Court on or before 11.30 a.m. on 10.4.08. However, appellants were unable to get the amount on 10.4.2008. Therefore, the application to set aside ex parte order was finally rejected. The only contention made by the appellants is that a breathing time may be granted to deposit the amount. In the circumstances of the case, the appellants are allowed to deposit 10% of the decreetal amount as directed by the Family Court on 3.6.2008. After depositing the amount, if the appellants file a petition to restore the case and review the order, that should be favourably considered by the Family Court. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks