IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24523 of 2008(S) -------------------------- OP.1370/2003 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ------------ 1. ASHA.S.NAIR, W/O.SADASIVAN NAIR PADINJATTETHILAYA PARVATHY SADANATHU PULLAD MURI, KOIPURAM VILLAGE. 2. ARADHANA S.NAIR, D/O.SADASIVAN NAIR DO.DO. 3. ARUN.S.NAIR, S/O.SADASIVAN NAIR DO.DO. BY ADV. SRI.SEBASTIAN DAVIS RESPONDENTS: ------------- 1. SUSHAMMA, D/O.OMANAKUTTI AMMA KAMALALAYAM, MANJADI PO., MEENTHALAKKARA MURI, KUTTAPUZHA VILLAGE. 2. UNNI, PROPRIETOR, ASWATHY ELETRICALS, NEAR PULLAD JN., PULAD MURI, KOIPURAM VILLAGE 3. SADASIVAN NAIR, S/O.NARAYANA PANICKER, PADINJATTETHILAYA PARAVATHY SADANATHU PULLAD MURI, KOIPURAM VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.24523 of 2008 ----------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Kurian Joseph,J. As per Ext.P1 a restoration application, I.A.No.1737 of 2006, was allowed on terms of payment of Rs.5,000/- within three weeks from the date of the order, namely, 13-2-2008. It is submitted that the petitioners could not raise the amount within the permitted time and hence they filed an application for enlargement of time on 4-3-2008. That was dismissed as per Ext.P3 order dated 10-3-2008 on the ground that the petitioners and counsel were absent and that there was no deposit. If we have to interfere in this matter we have to issue notice and the respondents will have to be called for, for no fault on their part. It is for the petitioners to approach the Family Court itself after paying the amount to the counsel appearing for the respondents and also submitting before the court that they are prepared to pay any further costs that may be incurred. In the event of such an application being filed the matter will be appropriately W.P(C)No.24523 of 2008 -:2:- considered by the Family Court so as to enable the petitioners to contest the main case on merits. The writ petition is disposed of as above. Petitioners will produce a copy of this judgment along with a copy of the writ petition before the Family Court and will serve one copy each on the respondents. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.24523 of 2008 ---------------------------- JUDGMENT 13th August, 2008