IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Mat.Appeal.No. 348 of 2007() ---------------------------- AGAINST THE ORDER DATED 23/05/2007 IN IA. 1511 /2006 IN OP.45/2001 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): APPELLANT/PETITIONER: ------------------------------------ T.K. AKBAR SHEREEF, AGED 35 YEARS, "RAJUNA", S?O. KUNHEETHU HAJI, CHINTHAAVALAPPU, P.O. PUTHIYARA, KASABA AMSOM,DESOM,KOZHIKODE TALUK BY ADV. SRI.K.M.FIROZ RESPONDENT(S): RESPONDENT: -------------------------- SHEEBA, D/O. ABOOBACKER, AGED 33 YEARS, "SHAFILA",1/469 B,BILATHIKULAM ROAD P.O.KOZHIKODE,KATCHERI AMSOM,DESOM,KOZHIKODE TALUK ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2010 ALONG WITH MA NO. 353 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ---------------------------------------------------- Mat. Appeal No.348 & 353 of 2007 ---------------------------------------------------- Dated this the 15th day of June, 2010 JUDGMENT Basant,J. These appeals are directed against orders passed by the Family Court dismissing an application for condonation of delay and the consequential order dismissing the application to set aside an ex parte order. 2. The respondent/wife had filed O.P.No.45/01 for the return of gold ornaments etc. The appellant herein was served. He wrote a letter to the court requesting the court to grant him time. But he did not appear before the court thereafter. He was set ex parte and O.P.No.45/01 was allowed. There was a direction to pay an amount of Rs.73,744/-. No interest is seen ordered. After elapse of 5 years and 96 days, an application was filed to set aside the ex parte order after condoning the delay. Mat. Appeal No.348 of 2009 -: 2 :- Those petitions were dismissed by the impugned orders. 3. It is admitted that no amount has been recovered yet. After discussions at the Bar there is an agreement between parties that these appeals can be allowed, the impugned orders can be set aside, the ex parte order can be set aside and the court below can be directed to dispose of O.P.No.45/01 afresh in accordance with law subject to appropriate terms and conditions. We accept the said agreement/understanding between the parties. 4. In the result: (i) These appeals are allowed subject to conditions. (ii) These appeals shall stand allowed; the impugned orders shall stand set aside. The ex parte order in O.P.No.45/01 shall also stand set aside and the court below shall dispose of O.P.No.45/01 afresh in accordance with law on condition that the appellant deposits the entire amount due under the impugned decree as on this date along with an amount of Rs.15,000/- as costs payable to the respondent. If the amount is deposited, the amount due under the decree shall be retained in a Fixed Deposit account in the name of the court in any nationalised bank such that the principal amount along with interest accrued can be ordered to be released to the successful party after fresh Mat. Appeal No.348 of 2009 -: 3 :- disposal of the O.P. The amount of costs deposited shall forthwith be released to the respondent herein. (iii) The amount shall be deposited before the court below on or before 31/7/10. Parties shall appear before the court below on 2/8/10. If the amount is deposited, the court below shall dispose of O.P.No.45/01 afresh within a further period of 3 months. If the amount is not deposited, the court below shall record that fact on 2/8/10 and thereupon the impugned orders shall stand revived. It is made clear that if O.P.No.45/01 is restored to file, appropriate amendment applications, if necessary, can also be filed by the respondent herein to amend the claims in the O.P. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/ Mat. Appeal No.348 of 2009 -: 4 :-