IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH NOVEMBER 2007 / 21ST KARTHIKA 1929 Mat.Appeal.No. 515 of 2007() ---------------------------- OP.340/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER: RESPONDENT ---------------------- ISAQUE P.K., AGED 31 YEARS, S/O.(LATE) AHAMMED, PRIYAM TEXTILES AND STICHING, PULIKKAL P.O., ERANADU TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.MANJERI S SUNDER RAJ SRI.B.PREMNATH (E) RESPONDENTS: PETITIONERS ------------------------ 1. JOHARA.C.M., AGED 26 YEARS, D/O.(LATE) C.M.SALEEM, MIHRAJ PARAYAKKUTH HOUSE, THENHIPALAM P.O., AMSOM AND DESOM, TIRURANGADI TALUK, MALAPPURAM. 2. AMAL AHAMED, AGED 4 YEARS, (MINOR), S/O.ISAQUE, REP. BY MOTHER IST RESPONDENT. BY ADV. SRI.BABU S. NAIR THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- Mat Appeal No.515 OF 2007 ------------------------------------- Dated 12th November, 2007 JUDGMENT Koshy,J . A petition was filed before the Family Court by the respondents, wife and son of the appellant, for recovery of amount due to them. The Family Court ordered recovery of Rs.4,43,500/= with interest at the rate of 7% per annum. It was passed ex parte. That is challenged in this appeal. It is submitted that the property of the appellant is already attached. We are of the opinion that, in the interest of justice, appellant also should be heard before deciding the matter. We note that the respondents were also applied for past maintenance at the rate of Rs.2,000/= per month for the first respondent wife and Rs.1,000/= per month for the second respondent son. Rs.4,43,500/= includes that amount also. 2. Heard counsel for the respondents. In the circumstances of the case, we set aside the ex-parte order on the following conditions: Attachment of the property will continue. Appellant shall pay Rs.5,000/= as cost and Rs.10,000/= towards past maintenance within three weeks from today. On complying with the conditions, case shall be restored to filed. Family Court shall post the case on 17.12.2007. Both parties can MA.515/2007 2 take notice and no further adjournment can be sought for by the appellant. If the conditions are not fulfilled within the time stipulated, the appeal shall stand automatically dismissed. The appeal is disposed of accordingly. J.B.KOSHY JUDGE K.HEMA JUDGE tks