IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Mat.Appeal.No. 298 of 2011() -------------------------------------- OP(OS).1015/2006 of FAMILY COURT, ALAPPUZHA .................... APPELLANTS (S):RESPONDENTS 1 TO 3: --------------------------------------------------------- 1. GOPAKUMAR, AGED 32 YEARS, S/O.GOPALAKRISHNAN, ANILALAYAM, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA. 2. GOPALAKRISHNAN, S/O.NARAYANAN, ANILALAYAM, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA. 3. RADHAMANI, W/O.GOPALAKRISHNAN ANILALAYAM, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): PETITIONER: -------------------------------------------- RANJU, AGED 29 YEARS, D/O.ROHINI, PUTHIYARATHU KIZHAKKETHIL, VTHYKULANGARA MURI, THEKKEKARA VILLAGE-688116. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP THIS MATRIMONIAL APPEAL HAVING COME UP FOR ORDERS ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- Mat.Appeal No.298 of 2011 ----------------------------------------- Dated, this the 29th day of August, 2011 J U D G M E N T K.M.Joseph, J. Appellants challenge the judgment in a petition for recovery of money. Appellants are the respondents in the original petition. The Family Court has ordered payment of Rs.40,000/- plus Rs.1,54,880/- being the value of 22 sovereigns of gold ornaments with a further sum of Rs.22,420/- being the value of petition B-schedule household utensils. It is directed that in case the appellants fail to pay the amount within one month from the date of judgment, the respondent will recover the same with 6% interest per annum from the date of the petition till realisation. 2. We heard the learned counsel for the appellants and learned counsel for the respondent. The learned counsel for the appellants would submit that appellants are prepared to pay off the amount and he prays for some time. He submits that the total amount will come to Rs.2,78,140/-. He prays that appellants may be permitted to pay off the amount of Rs.1 lakh within three weeks from today and the balance amount within six weeks Mat.Appeal No.298/2011 -2- thereafter. Learned counsel for the respondent does not seriously oppose this course of action. In such circumstances, we dispose of the appeal as follows: 3. Appellants are given time to pay off the amount as follows: Appellants are to pay a sum of Rs.1 lakh within three weeks from today. They are permitted to pay off the balance amount remaining out of the total amount of Rs.2,78,140/- within 9 weeks from today. If the appellants fail to pay the sum of Rs.1 lakh within three weeks or to pay the balance amount within nine weeks from today as aforesaid, respondent will be free to proceed with the execution proceedings and the impugned judgment will stand. If the appellants pay off the amount as aforesaid, the proceedings will be kept in abeyance. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS