IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Mat.Appeal.No. 982 of 2009 ---------------------------- AGAINST THE ORDER DATED 01/04/2009 IN IA 116/09 IN OP.288/2007 of FAMILY COURT, MALAPPURAM .................... APPELLANT/PETITIONER ----------------------------------- USMAN, AGED 40 YEARS, S/O ABDUL RAHIMAN, CHERU VALAPPIL HOUSE, PO PONNANI NAGARAM, MALAPPURAM. REPRESENTED BY THE POWER OF ATTORNEY HOLDER, ABDUL SAMAD, -DO-. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT/ RESPONDENT ------------------------- NUSRATH, AGED 28 YEARS, D/O ABDUL HAMEED, KHADEEJA MANZIL, ATTIYAMAKKANAKATH PUTHAN MALIYEKKAL, NARIPARAMBA P.O., MALAPPURAM. ADV. SRI.K.B.ARUNKUMAR FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Application.No.3668 of 2009 & Mat.A.No.982 of 2009 ---------------------------------------- Dated this the 15th day of July 2010 O R D E R & J U D G M E N T Basant,J The learned counsel for the appellant and the respondent submit that the parties have settled all their outstanding disputes after reference to the mediator and this appeal as well as the petition for condonation of delay need not now be prosecuted. 2. We accept the request of the learned counsel. This Mat.Appeal and the C.M.Application is accordingly dismissed as not pressed. By way of abundant caution, we direct that the terms of settlement arrived at in mediation shall be appended to this judgment. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) M.A W.P.C. No. : 2 : 2. In the result, a) This petition is allowed subject to conditions. b) The delay shall stand condoned and the petition shall stand allowed on condition that the appellant (i) deposits 10% of the entire amount due under the decree till the date of deposit before the Family Court within a period of sixty days from this date. (ii) offers security for the entire balance amount due under the decree on the date of deposit to the satisfaction of the Family Court within a period of sixty days. If the amount is deposited, the court below can straight away release the same to the respondent/claimant without waiting for further orders from W.P.(Crl) M.A W.P.C. No. : 3 : this court. (iii) If the said conditions are satisfied, the Family Court shall issue a certificate to the appellant who shall produce the same before this court. 3. Call again after sixty days or earlier, if the certificate is produced. The respondent has already served and entered appearance through counsel. Furnish copies of the memorandum of appeal to the learned counsel for the respondent. Take all necessary steps within a period of seven days. If steps are taken, call after service is complete. If steps are not taken, call after seven days. By way of abundant caution, we direct that notice in this appeal be issued to the respondent afresh. Such conditions will have to be imposed which shall ensure that the right of the appeal is not invoked belatedly for the mere W.P.(Crl) M.A W.P.C. No. : 4 : purpose of prolonging and protracting the proceedings. We make it clear that this order will not in any way fetter the power of the court below to proceed in execution against the husband during these sixty days.