IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Mat.Appeal.No. 860 of 2009() ---------------------------- O.P.NO.656/07 OF FAMILY COURT, THIRUVALLA PETITIONER(S): 2ND RESPONDENT ----------------------------- M.C. DANIEL, AGED 80 YEARS, S/O. LATE M.C. CHERIAN, 2ND RESPONDENT, PADINJATTIDATHU HOUSE, POST OFFICE LANE, NALANCHIRA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.MOHAN JACOB GEORGE RESPONDENT(S): PETITIONER & IST RESPONDENT ------------------------------------------ 1. JULIE PHILIPOSE, AGED 39 YEARS, D/O. PHILIPOSE, RESIDING AT PLAMKOTTATHIL HOUSE, KUNNAM VECHOOCHIRA.P.O, KUNNAM MURI, CHETHACKAL VILLAGE, RANNY TALUK. 2. BABU DANIEL, AGED 44 YEARS, S/O. M.C. DANIEL, PADINJATTIDATHU HOUSE, POST OFFICE LANE, NALANCHIRA.P.O, THIRUVANANTHAPURAM, WORKING AT AL ZAHARA PRINTING PRESS, P.B. NO. 3412, 112 - RUWI, SULTHANATE OF OMAN. ADV. SRI.BIJI MATHEW FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Application No.3235 of 2009 & Mat.Appeal No.860 of 2009 ---------------------------------------- Dated this the 21st day of June 2010 J U D G M E N T Basant,J This appeal arise from orders passed in O.P.No.656/07. That was a claim filed by the 1st respondent/wife against her husband and her father-in-law for return of an amount of Rs.7.57 lakhs along with interest and cost. All the respondents were set ex parte in the said proceedings and the claim was allowed, as prayed for. Against that, father-in-law preferred an application to set aside the ex parte order. That petition was dismissed for non-prosecution. It is against that order that this Mat.Appeal is filed. 2. There is a delay of 75 days in filing the appeal and an application was filed to condone the delay in filing the Mat.Appeal. When the matter came up for hearing, the second respondent/husband has entered appearance through a counsel and it is prayed that he may be transposed as the additional second respondent. M.A No.860/09 : 2 : 3. After discussions at the Bar, the learned counsel agree that the impugned ex parte order passed in O.P.No.656/07 against the husband as also the father-in-law can be set aside subject to appropriate terms and conditions. 4. We are satisfied that the said agreement can be accepted and accordingly this appeal can be disposed of as agreed by the parties. 5. In the result, a) This appeal is allowed subject to conditions. b) The impugned order as also the ex parte order passed in O.P.No.656/07 against both the respondents in O.P.No.656/07 shall stand set aside on condition that i) The appellants deposit an amount of Rs.3.75 lakhs (Rupees three lakhs seventy five thousand only) before the court below within a period of sixty days from this date. ii) They offer security for the entire balance amount due as on the date of deposit to the satisfaction of the Family Court within a period of sixty days. iii) If the amount is deposited as directed, the same shall be retained by the Family Court in a fixed deposit account with M.A No.860/09 : 3 : any nationalised bank such that the principal amount along with interest due can be released to the successful party after disposal of O.P.No.656/07. iv) The parties shall appear before the court below on 30/08/2010. 6. If the amount is deposited, the court below shall proceed to dispose of O.P.No.656/07 as expeditiously as thereafter as possible, at any rate, within a period of six months from 30/08/2010. If the amount is not deposited, the court below shall record that fact on 30/08/2010 and thereupon the ex parte order in O.P.No.656/07 and the impugned order shall revive. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A No.860/09 : 4 : M.A No.860/09 : 5 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009