IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Mat.Appeal.No. 634 of 2009(A) ---------------------------- I.A.NO.1244 OF 2006 IN O.P.NO.1055/2006 OF FAMILY COURT, PALAKKAD APPELLANTS/PETITIONERS/RESPONDENTS ------------------------------------------------- 1. DUGLSON D'SILVA,S/O.PASCAL D'SILVA, YENSON COTTAGE,CHUNDALE P.O., KALPATTA,WAYANAD. 2. PASCAL D'SILVA,S/O.RAYMOND D'SILVA, -DO- -DO- BY ADV. SRI.SAJAN VARGHEESE K. LIJU M.P RESPONDENTS : RESPONDENTS/PETITIONERS -------------------------------------- 1. GLADIS V.RODRIGUES, D/O.LATE GEORGE RODRIGUES,STELLA DALE, HILL VIEW NAGAR,DHONI P.O.,AKATHETHARA VILLAGE, PALAKKAD DISTRICT. 2. MARY STELLA RODRIGUES, W/O.LATE GEORGE RODRIGUES, -DO- -DO- ADV. SRI.GRASHIOUS KURIAKOSE FOR R1 & R2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.634 of 2009 ------------------------------------- Dated this the 1st day of October, 2009 JUDGMENT BASANT, J. The delay has been condoned as per order in C.M.Appl.No.2273 of 2009. The challenge is against the dismissal of an application to set aside an exparte order. The entire amount due under the impugned decree having already been deposited, there is agreement that the impugned order can now be set aside and the court below can be directed to dispose of O.P.No.1055 of 2006 afresh expeditiously in accordance with law. The disposal shall be effected within a period of 4 months from 19.10.09 on which day both parties shall appear before the court below. The Family Court, Kalpatta, before which the deposit has been made, shall transfer the amount to the Family Court, Palakkad and the Family Court, Palakkad shall retain the same in fixed deposit with any nationalised bank such that the principal amount along with the interest accrued shall be payable to the successful party after disposal of the lis between parties. Mat.Appeal No.634 of 2009 2 2. This Mat.Appeal is accordingly allowed. The impugned order is set aside with the above observations/directions. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- Mat.Appeal No.634 of 2009 3 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ C.M.Appl.No.2273 of 2009 in Mat.Appeal No.634 of 2009 ------------------------------------- Dated this the 1st day of October, 2009 ORDER BASANT, J. Report dated 16.09.09 is received from the Family Court to confirm that the entire amount due under the impugned decree has already been deposited. C.M.Appl.No.2273 of 2009 is hence allowed. The delay is condoned. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-