IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Mat.Appeal.No. 94 of 2009() --------------------------- AGAINST THE ORDER DATED 29/07/2008 IN IA.857/2008 IN OP.652/2007 of FAMILY COURT, MALAPPURAM .................... APPELLANT/RESPONDENT NO.2: ----------------------------------- MULLAKULAM MOHAMMED HAJI,S/O. MOIDEEN, PATTATTIL HOUSE, PALLAKKAL AMSOM AND DESOM. BY ADV. SRI.C.P.MOHAMMED NIAS SMT.P.K.SHAKKEELA RESPONDENTS/PETITIONER & RESPONDENT NO.1: ------------------------------------------------------- 1. KOLOTH VALASSERI SUHARA, D/O. CHEKKUTTI, NAMBILATH HOUSE, CHENAKKALANGADI, THENHIPPALAM. 2. MULLAKKULAM MOIDEEN KOYA, AGED 32, S/O. MOHAMMED HAJI, PATTATTIL HOUSE, PALLIKKAL AMSOM AND DESOM. ADV.SRI.E.NARAYANAN FOR R1 SRI.R.RAMADAS FOR R2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.Appln.No.250 of 2009 and Mat.Appeal No.94 of 2009 ----------------------------------------------------- DATED THIS THE 26th DAY OF MAY, 2009 ORDER/JUDGMENT Basant, J. When this petition for condoning the delay of 48 days in filing Mat.Appeal No.94/09 came up for hearing, after discussions at the Bar, we are satisfied that the delay can be condoned and the following order on consent can be passed. The ex parte order passed against the appellant shall stand set aside and the Family Court shall dispose of the claim against the appellant afresh on condition that he complies with the direction in the impugned order – to deposit 3% of the decretal amount, within 21 days from today. It is made clear that only the order against the appellant shall stand set aside and that against the 2nd respondent shall continue. 2. Call the O.P. before the Family Court again on C.M.Appln.No.250/09 & Mat.A.94/09 -2- 17.6.2009. If payment is not made as directed, by that date, the learned Judge of the Family Court shall make note of the same and thereupon the impugned ex parte order shall continue to remain in force. Petition allowed. Delay condoned. Mat.Appeal is also allowed subject to the above conditions. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn