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 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2120 of 2010(R) ------------------------------------------------ OS.244/2005 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): ---------------------- 1. RAJAN PILLAI, S/O.NARAYANA KURUP, KUNNATHAYYATHU VEEDU, PANAPPETTY MURI, SASTHAMCOTTA, KUNNATHUR TALUK, KOLLAM DISTRICT. 2. THANKAMMA, W/O.NARAYANA KURUP KUNNATHAYYATHU VEEDU, PANAPPETTY MURI, SASTHAMCOTTA, KUNNATHUR TALUK, KOLLAM. BY ADV. SRI.N.P.SAMUEL SRI.T.K.CHINNAN RESPONDENT(S): -------------------------- SOBHANA KUMARI, D/O.SARASWATHY AMMA, CHALAYIL VEEDU, MYNAGAPPALLY VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 2120 OF 2010 R --------------------------------------------------- Dated this the 27th January, 2010 JUDGMENT K.M. Joseph, J. Petitioners are respondents in O.S. No.244/05 on the file of the Family Court, Kottarakkara, which was a Suit for realisation of money, gold ornaments, etc. filed by the respondent, wife. The Family Court decreed the Suit ex parte against the petitioners. Petitioners have filed Ext.P3 application to set aside the ex parte order. It is submitted by the learned counsel for the petitioners that on account of delay, an application to condone the delay also was filed. It is pointed out that Ext.P3 was filed in June, 2009 and it has not been disposed of. Without expressing any opinion on the merits of the matter, the Writ Petition is disposed of directing the Family Court, Kottarakkara to consider and take a decision on the application filed for condoning the delay and if the application to condone the delay is allowed, a decision will be taken on Ext.P3 within a period of WPC.2120/2010 R 2 three months from the date of production of a copy of this Judgment before the Family Court, Kottarakkara. It is open to the petitioners to seek interim orders before the Family Court. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge