SIJU JAMES Vs. SEEMA ANTONY

JUDGEMENT

(1.) THE appellants challenge the judgment and decree in O.P. No.1258 of 2009 on the file of the Family court, Kottayam. THE said Original Petition was filed by the respondent herein seeking a decree for money, for return of gold ornaments as also house hold items. THE Family Court has allowed the Original Petition in part and a decree was given to the respondent herein to realise Rs.9,35,000/- with 7% interest from the date of suit i.e. 21.12.2009 and 41 sovereigns of gold ornaments or its present approximate value, Rs.5,24,800/-, with 7% interest from the date of judgment and household items shown in the plaint and in default to realise Rs.15,000/- from the appellants herein. THE respondent was also allowed to realise Rs.2,000/- towards cost from the appellants. It is feeling aggrieved by the said judgment that the appellants filed this appeal. Learned counsel for the appellants submits that the appellants are not challenging the decree for divorce granted in the connected Original Petition, which was disposed of along with O.P.No. 1258 of 2009.

(2.) ONE of the contentions raised by the appellants is as contained in Ground 'C', which reads as follows: "The trial court ought to have note on 31.8.10 the appellants had filed petition as IA No. 2312/10 in O.P.No.954/09 and IA No.2313/10 in O.P. No.1258/09 praying to adjourn the case to cross examine the petitioner on the sole reason that the respondents' counsel was laid up but the trial court dismissed the petition and recorded evidence of the petitioner and denied the appellants right to cross examine the petitioner in order to prove appellants' case and also denied the appellants to adduce evidence to prove their contention which was totally denied by the trial court."

(3.) ACCORDINGLY this appeal is allowed. We set aside the judgment in O.P. No. 1258 of 2009 on the file of the Family Court, Kottayam and remand back the matter for fresh disposal with opportunity to the parties to adduce evidence. The learned counsel for the respondent would submit that the witnesses will be made available on 9.2.2011 before the Family Court. The Family Court will take up the matter, permit the appellants to cross examine the witnesses and the appellants will be permitted to adduce defence evidence. Thereafter a decision will be taken at the earliest, at any rate, within a period of two months from 9.2.2011.