IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Mat.Appeal.No. 1010 of 2009 -------------------------------------- (AGAINST THE COMMON ORDER DATED 18.9.2009 IN IA.NO. 1159/2009 AND I.A.NO.1160/2009 IN OP NO.194/2005 OF THE FAMILY COURT, MALAPPURAM) APPELLANT (S)/PETITIONER: ----------------------------------------- C.M.SHAJU PRASAD,S/O.PAREMESWARAN VYDIAR CHALAPPURATH MULLAKKAL HOUSE,PO ERAVIMANGALAM, PERINTHALMANNA TALUK,MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT(S): RESPONDENT ----------------------------------------------- M.SASHIDA,AGED 27 YEARS, D/O.KRISHNAN @ MANU,MANGOTTUPARAMBIL HOUSE, ELAD.P.O,CHERUKARA VIA,PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.BABU S. NAIR THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ Mat.Appeal No.1010 of 2009 ---------------------------------------------- Dated, this the 31st day of March, 2010 J U D G M E N T K.M.Joseph, J. This appeal is directed against the common order dated 18.9.2009 in I.A.No.1159/2009 and I.A.No.1160/2009 in O.P.No.194 of 2005 on the file of the Family Court, Malappuram. By the impugned order, the application to set aside the exparte order passed against the appellant has been allowed on condition that the appellant will deposit the entire decreetal amount on or before 6.10.2009. There is also an application to condone the delay. It was also allowed as aforesaid. On 6.10.2009, noting that there is no deposit, the applications were ordered to be dismissed. 2. We heard the learned counsel for the appellant and learned counsel for the respondent. Learned counsel for the appellant points out that there may be a considered decision. Learned counsel for the respondent points out that out of the decree amount Rs.15,000/- is the amount due from the appellant as cash and the rest represents value of gold ornaments. 3. Having regard to the facts particularly the MA 1010/2009 -2- appellant is working as a Peon, we feel that the following order is to be passed. Accordingly we pass the following order:- The impugned order will stand set aside and the applications to set aside the exparte order and the application to condone the delay in filing the same shall be allowed on condition that the appellant will deposit a sum of Rs.15,000/- (Rupees fifteen thousand) within a period of one month from today. Upon deposit of the said amount, the Family Court, Malappuram will take up the Original Petition filed by the respondent and dispose of the same with opportunity to the parties within a period of three months. The amount deposited shall not be disbursed except after a decision is taken. Needless to say, if the appellant does not deposit the amount of Rs.15,000/- as aforesaid, this appeal will stand dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS