IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Mat.Appeal.No. 717 of 2007() ---------------------------- APPELLANTS/DEFENDANTS: ------------------------------- 1. P.S. JAYAPRAKASH, S/O.PADMANABHA PILLAI, AGED 39 YEARS, PADMAVILAS, KOONAYIL CHERRY, PARAVOOR VILLAGE,KOLLAM (REP. BY HIS POWER OF ATTORNEY HOLDER AND MOTHER SUMATHY AMMA, W/O.PADMANABHA PILLAI, AGD 60 YEARS, PADMAVILAS, KOONAYIL CHERRY, PARAVOOR VILLAGE, KOLLAM). 2. SUMATHY AMMA, W/O.PADMANABHA PILLAI, AGED 60 YEARS, PADMAVILAS, KOONAYIL CHERRY, PARAVOOR VILLAGE, KOLLAM. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: PLAINTIFF: ----------------------------- RENJANA SEKHAR, D/O. VASANTHY, SIVA PREEETHY, PADA SOUTH, KARUNAGAPPALLY P.O., KOLLAM DISTRICT. BY ADV. SRI.K.S.MADHUSOODANAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ====================================== MAT APPEAL NO.717 OF 2007 ====================================== Dated this the 4th day of April 2008 JUDGMENT Kurian Joseph, J. The appellants are the defendants in O.S.149/2005 on the file of the Family Court, Kollam. The suit was filed for return of money, movables and for return of certificates of the plaintiff. It is seen that the appellants were set ex-parte. It is submitted that though an attempt was made under Order IX Rule 9, the petition was rejected. 2. After having heard the counsel on both sides, we are of the view that it is only in the interest of the parties that an adjudication afresh is made, after giving a fresh opportunity to the appellants. Accordingly, we set aside the judgment and decree in O.S.149/2005 on the file of the Family Court, Kollam and the matter is remitted to the said court for fresh disposal on merits. The parties shall appear before the Family Court on 26.5.2008. It will be open to the parties to appear through the MAT.A.717/2007 2 counsel. The appellants shall take steps for adducing evidence within one week thereafter. Such an opportunity will be available to the respondent also. The appeal shall be disposed of within another three months. The MAT. Appeal is disposed of as above. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE css/