IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 MFA.No. 836 of 2000(A) -------------------------------- OP.698/1997 of FAMILY COURT,ERNAKULAM .................... APPELLANT:/RESPONDENT: ---------------------------------------- RADHAKRISHNA VADHYAR, S/O.PADMANABHA VADHYAR, ALUNGACHIRA, MEDAMKADU, CHERTHALA.P.O., ALLEPPEY DISTRICT. BY ADV. SRI.A.ANTONY SRI.MATHEW SKARIA SRI.JOSE THOMAS (PEEDIKAYIL) RESPONDENT:/PETITIONER: --------------------------------------- SREEMATHY, W/O.RADHAKRISHNA VADHYAR, GOSREE STREET, VADAKKE CHERLAI, KOCHI-2. BY ADV. SRI.G.KRISHNAKUMAR SMT.R.RANJINI THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.4624/2000 IN M.F.A.NO.836/2000 DISMISSED. 03/06/2008 SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE //TRUE COPY // P.A. TO JUDGE. Rs/ J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.836 OF 2000 ------------------------------------- Dated 3rd June, 2008 JUDGMENT Koshy,J . Appellant was declared ex parte by the Family Court as despite repeated notice he was absent. The O.P. was filed for return of seven sovereigns of gold ornaments and realisation of cash entrusted at the time of marriage. On the basis of the evidence adduced, a decree was passed in favour of the respondent for realisation of Rs.31,200/= with interest on Rs.15,000/= from the date of petition and for return of seven sovereigns of gold or Rs.22,400/= being the value thereof and costs from the appellant. The O.P. was filed in 1997. Ex parte order was passed in 1999, after about two years. Appeal was filed in 2000 with a long delay of 312 days. Thereafter also the matter is kept pending for eight years and wife is not getting any amount. We are not satisfied with the grounds for setting aside the impugned order. Bu, in the interest of justice, we set aside the impugned order on condition that the appellant deposits the decreed amount before the Family Court within one month from today. If the decreed amount is deposited withing one month, the impugned order will stand set aside and the case will be restored and can be decided on merit. If the decreed amount is not MFA.836/2000 2 deposited in time, the impugned order will stand confirmed. Family Court is directed to dispose of the case expeditiously if it is restored. The appeal is allowed to the above extent. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks