IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 35751 of 2003(F) -------------------------- (A.S.No.34 of 2003 of the Prl. Sub Court, Alappuzha) PETITIONER(S): --------------- K.K.SASIDHARAN, KOMARATHUSSERIL HOUSE, EZHUPATHUMCHIRA, KANNADY WEST, PULINCUNNU, KUTTANADU TALUK. BY ADV. SRI.JOMY GEORGE SRI.SASITH M.R RESPONDENT(S): --------------- 1. P.K.RETNAMMA, PUTHUPARAMBIL HOUSE, MALAKUNNU, CHANGANACHERRY. 2. K.S.SHINTO, PUTHUPARAMBIL HOUSE, MALAKUNNU, CHANGANACHERRY. 3. K.S.SHINU, PUTHUPARAMBIL HOUSE, MALAKUNNU, CHANGANACHERRY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 35751/03 APPPENDIX PETITIONER'S EXHIBITS:- P1: True copy of the plaint in O.S.No.1234/99 dtd. 7-12-99 of the Addl. Munsiff's Court, Alappuzha. P2: True copy of the judgment dtd. 10-8-2000 in O.S.No.1234/99 of the Addl. Munsiff's Court, Alappuzha. P3: True copy of the appeal memorandum in A.S No.34/2003 of the District Court, Alappuzha dt. 10-4-2003. P4: True copy of the delay condonation petition in A.S.No.34/2003 dtd. 7-4- 2003. P5: True copy of the order in I.A. No.783/2003 in A.S.No.34/2003 of the Prl. Sub Judge, Alappuzha dtd. 14-8-2003. P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.35751 of 2003 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 29th day of September, 2009 JUDGMENT This is a writ petition filed by the appellant in A.S.No.34 of 2003 of the Principal Sub Court, Alappuzha seeking to quash Ext.P5 order. 2. The 1st respondent, wife of the petitioner, filed O.S.No.1234 of 1999 before the Additional Munsiff's Court, Alappuzha claiming maintenance at the rate of Rs.1,000/- per month to herself and to her two children, respondent 2 and 3. The trial court by judgment dated August 10, 2000 directed the petitioner to pay monthly maintenance at the rate of Rs.1,000/- each to the respondents. The petitioner was also directed to pay Rs.24,000/-, as the value of gold ornaments to the 1st respondent. Aggrieved by the above judgment, the petitioner filed A.S.No.34 of 2003 before the Principal Sub Court, Alappuzha with a petition I.A.No.783 of 2003 to condone the delay of 712 days in filing the appeal. By Ext.P5 order dated August 14, 2003 the appellate court dismissed the petition to condone the delay. 3. In this writ petition, though notice was issued to the respondents, they remained absent. 4. The counsel for the petitioner was heard. W.P.(C) No. 35751/03 2 5. On going through the order Ext.P5 dated August 14, 2003 the appellate court dismissed the petition mainly on the ground that the petitioner did not produce the medical certificate. 6. Considering the facts and circumstances of the case, I am of the view that the appellate court should have condoned the delay and entertained the appeal. Hence, the impugned order is liable to be set aside. There is another aspect, maintenance at the rate of Rs.1,000/- each was ordered to be paid to the respondents. Therefore, as a condition precedent on allowing the writ petition and consequently to allow the petition to condone the delay in filing the appeal, I feel that the petitioner shall pay Rs.10,000/- (Rupees ten thousand) towards the maintenance to the respondents. He should pay the same to the 1st respondent or deposit before the trial court within two months from this day and produce the receipt. On production of receipt, this writ petition will be allowed and the appellate court shall condone the delay in filing the appeal and dispose of the appeal on merits. If the petitioner does not pay the amount as stipulated above, this writ petition will stand dismissed. The writ petition is disposed of as found above. P.Q.BARKATH ALI, JUDGE. mn.