IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Mat.Appeal.No. 448 of 2009() ---------------------------- AGAINST THE ORDER DATED 29/05/2009 IN IA 351/09 IN OP.858/2008 of FAMILY COURT, MALAPPURAM .................... APPELLANT/PETITIONER/RESPONDENT ---------------------------------------------- NAMRATH THOUFEEQUE, S/O.POKKAR, NAMBRATH HOUSE, IRIMBILIYAM, P.O.PURAMANNOOR, MALAPPURAM-676 552. BY ADV. SRI.MOHAN PULIKKAL SMT.MANJU RAJAN SRI.T.U.VINOD RESPONDENT: RESPONDENT/PETITIONER ------------------------------------ KUNNATHODI THAHIRA, D/O.MOITHEEN KUTTY, KUNNATHODI HOUSE, IRIMBILIYAM, P.O.VALIYAKUNNU- 676 552, MALAPPURAM DISTRICT. ADV. SRI.P.VIJAYA BHANU FOR R SRI.P.VENUGOPAL (1086/92) FOR R THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. NO. 1541/2009 IN M.A. NO. 448 OF 2009 DISMISSED. 3/8/2009 SD/-R. BASANT, JUDGE SD/-M.C. HARI RANI, JUDGE TRUE COPY P.S. TO JUDGE KS. R.BASANT & M.C. HARI RANI,JJ ============================== M.A. NO. 448 OF 2009 ============================ DATED THIS THE 3RD DAY OF AUGUST 2009 JUDGMENT Basant,J. The appellant has suffered an ex-parte order passed by the Family Court directing him to pay a total amount of Rs.2,85,000/- (being the value of 15 sovereigns of gold ornaments and cash of Rs.1,50,000/-). The appellant filed an application to set aside the ex parte order. That was allowed on condition that the appellant deposits 20% of the amount covered by the decree. The learned counsel for the appellant submitted that the appellant is willing to hand over five sovereigns of gold ornaments and the same has already been handed over. It is conceded that in pursuance of the order dated 17-6-2009, five sovereigns of gold ornaments has actually been handed over to the respondent herein. 2. The learned counsel for the appellant submits that, in these circumstances, this appeal may be allowed as actually MA. 448/2009 -2- more than 20% of the amount has already been returned by return of the five sovereigns of gold ornaments. 3. We take note of the fact that virtually the impugned order has already been complied with by handing over of five sovereigns of gold ornaments, receipt of which is admitted by the respondent. 4. It is further brought to our notice that an ex parte order passed in a connected maintenance case has already been set aside by this Court in R.P.(F.C)No.206/2009 subject to conditions. 5. We are, in these circumstances, satisfied that taking note of the fact that five sovereigns of gold ornaments covered by the decree has already been handed over by the appellant to the respondent, the impugned order setting aside the ex parte decree can be accepted and upheld without imposing any further conditions. 6. This appeal is accordingly allowed. The court below shall reckon that the conditions imposed by Annexure-3 order has already been complied with and shall proceed to dispose of O.P.No.858 of 2008 afresh in accordance with law. The parties MA. 448/2009 -3- shall appear before the court below on 17-8-2009 in O.P.No.858/2009. 7. The learned counsel for the respondent prays and it is accordingly directed that the Family Court must now make every endeavour to dispose of the appeal as expeditiously as possible, at any rate, within a period of three months from 17-8-2009. Compliance shall be reported to this court. 8. Handover copy to both counsel. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. MA. 448/2009 -4- R.BASANT & M.C. HARI RANI,JJ ============================== M.A. NO. 448 OF 2009 ============================ DATED THIS THE 17TH DAY OF JUNE 2009 ORDER Basant,J. Heard. Admitted. Issue notice to the respondent by speed post. Simultaneously give notice to the learned counsel for the respondent who is appearing before the court below and file a memo to that effect within 10 days. I.A. No. 1541/2009 The learned counsel for the appellant submits that five sovereigns of gold ornaments are admittedly available with the appellant and the appellant is willing to surrender the same before the court below to be handed over to the respondent. There shall be an interim stay for a period of two months on MA. 448/2009 -5- condition that the appellant surrenders before the court below the five sovereigns of gold ornaments, which are admittedly available with the appellant, after giving notice to the learned counsel for the respondent within 15 days from this date. The court below shall hear both sides and pass appropriate orders to receive and release such ornaments surrendered to the respondent immediately after such surrender. 2. Verify service and call on 3-8-2009. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. MA. 448/2009 -6-