T V ABDUSALAM Vs. K RAUFIYA

JUDGEMENT

(1.) THE appellant herein is the husband, against whom the respondent herein, his wife, had obtained an exparte order in O.P.No.927 of 2008, pending before the Family Court, Kozhikode. A total amount of above Rs.6 lakhs was ordered to be paid under the exparte order dated 24.02.2009 in O.P.No.927 of 2008. Long later, the appellant/husband filed an application to set aside the exparte order after condoning the delay in filing the same. By separate orders passed on 26.04.2010, the Family Court allowed those applications subject to conditions. THE petition for condonation of delay was allowed on condition that the appellant deposits cost of Rs.3,000/-. THE petition to set aside the exparte order was allowed on condition that the appellant deposits an amount of Rs.2,000/-. THE amounts were not deposited. Accordingly, the court below proceeded to dismiss both the applications. It is against these orders that the present appeals have been filed.

(2.) AS condition to condone the delay in re-presentation of one of the appeals, the entire cost amount of Rs.5,000/- has already been deposited and admittedly received by the respondent herein. The learned counsel for the appellant submits that the delay in compliance with the conditions occurred only on account of reasons beyond the control of the appellant. A lenient view may be taken and these appeals may be allowed and O.P.No.927 of 2008 may be directed to be disposed of afresh on merits, it is prayed.

(3.) IN the result: