IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Mat.Appeal.No. 479 of 2008(F) ---------------------------- OP.625/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANTS : 1 & 2 PETITIONERS -------------------------------- 1. M.K.SAJI, MAMKOOTTATHIL VEEDU, KAVUNGUMPRAYAR MURI, PURAMOTTOM VILLAGE, MALLAPPALLY TALUK. 2. PONNAMMA, W/O LATE KESAVAN, MAMKOOTTATHIL VEEDU, KAVUNGUMPRAYAR MURI, PURAMATTOM VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.R.GIREESH VARMA RESPONDENT : RESPONDENT ------------------------- K.B.SUBHASHINI, D/O BHASKARAN, KUDUMBASSERIL PUTHUVAL VEEDU, THAYAMKERI MURI, EDATHUA VILLAGE, ALAPPUZHA DISTRICT. ADV. SRI.T.P.PRADEEP THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** Mat.Appeal No.479 of 2008 ********************* Dated this the 16th day of June, 2010 JUDGMENT BASANT, J. The appellants herein had suffered an exparte order in O.P.No.625 of 2006 obliging them to pay an amount of Rs.1,64,850/- along with interest to the respondent. They filed applications to get the exparte order set aside along with an application to condone the delay of 43 days in filing the same. On the date when the case was posted, it happened that there was no representation for the appellants. In these circumstances, the court below proceeded to pass the impugned orders dismissing such application to set aside the exparte order as also the application for condonation of delay. 2. As per the interim orders of this Court, an amount of Rs.50,000/- (Rupees Fifty thousand only) has already been paid to the respondent. It is further submitted that there is an order of attachment which remains in force even now. 3. After discussions at the Bar, it is agreed that this appeal can be disposed of giving the appellants a further opportunity to contest O.P.No.625 of 2006 on appropriate terms and conditions. Mat.Appeal No.479 of 2008 2 4. We accept the said agreement/submissions. 5. In the result: a) The appeal is allowed subject to conditions. The impugned orders shall stand set aside. The exparte order dated 26.10.2007 in O.P.No.625 of 2006 shall also stand set aside on condition that: i) the appellants deposit before the court below or pay to the respondent a further amount of Rs.25,000/- (Rupees Twenty five thousand only) within a period of 30 days from this date; ii) if such amount is paid, the same shall be released to the respondent; It is specifically directed that whatever be the final outcome of O.P.No.625 of 2006, the respondent shall not be obliged to return the said amount of Rs.75,000/- (Rupees Seventy five thousand only) to the appellants; b) The court below shall call the matter on 19.07.2010. If the amount is paid/deposited as directed above, the court below shall proceed to dispose of O.P.No.625 of 2006 afresh in accordance with law as expeditiously thereafter as possible - at any rate, within a period of 6 months from that date. Mat.Appeal No.479 of 2008 3 c) If the amount is not paid/deposited as directed above, the court below shall record that fact on 19.07.2010 and thereupon the impugned orders shall revive. 6. Needless to say, the order of attachment shall continue to remain in force till the disposal of O.P. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/