IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Mat.Appeal.No. 675 of 2008 E ---------------------------------------------------- OP.685/2007 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR. .................... APPELLANT/RESPONDENT: -------------------------------------- JOSE, S/O.LATE P.M.KURIAKOSE, PUTHENTHANAM HOUSE, IRUMBAYAM, THALAYOLAPARAMBU. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): PETITIONER -------------------------------------------- MINI, W/O.JOSE, PUTHENTHANAM HOUSE, IRUMBAYAM, THALAYOLAPARAMBU, NOW RESIDING AT KURICHIYIL HOUSE, VAZHAKKULAM, MUVATTUPUZHA. ADV. SRI.P.SANJAY FOR R1 SRI.A.PARVATHI MENON FOR R1 SRI.BIJU MEENATTOOR FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- MAT. APPEAL NO. 675 OF 2008 E --------------------------------------------------- Dated this the 27th January, 2010 JUDGMENT K.M. Joseph, J. This Appeal is lodged against the Judgment in O.P. No.685/07 on the file of the Family Court, Kottayam at Ettumanoor. By the impugned order, the Original Petition was allowed in part and the respondent herein was allowed to realise Rs.1 Lakh with interest and also for return of 29 sovereigns of gold ornaments or its present approximate value of Rs.2,50,000/= with six per cent interest from the date of the Judgment. 2. Today, we heard the learned counsel for the appellant and also the learned counsel appearing for the respondent. They would submit that the matter has been settled between the parties. Learned counsel for the appellant points out that as per the interim order, Bank Guarantee has been furnished for the amount and he prays that the appellant may be freed from the M.A.NO.675 OF 2008 E 2 obligation under the Bank Guarantee. Learned counsel for the respondent has no objection to the same being ordered. Accordingly, the Appeal is disposed of taking note of the submissions of the parties and setting aside the Judgment of the Family Court, Kottayam at Ettumanoor in O.P.No.685/07 and also directing that the appellant is freed from the obligation under the Bank Guarantee. It is open to the appellant to produce a copy of this Judgment before the bank which has furnished the Bank Guarantee. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge