SUDHEER Vs. SITHARA

JUDGEMENT

(1.) This is an appeal filed by the respondent in O.P.No.537/2013 on the file of the Family Court, Malappuram, against the ex parte decree dtd. 13/5/2014. The respondent/wife filed the above O.P. for return of 42 sovereigns of gold ornaments or its market value. Since the appellant herein remained ex parte, the Family Court decreed the O.P as per the impugned judgment dtd. 13/5/2014. He has preferred this appeal only on 3/7/2023, more than nine years after the date of the ex parte decree. Along with the appeal he had filed C.M.Application 1/2023 praying for condoning the delay of 2586 days in filing the Mat.Appeal. The above delay has been calculated after deducting the COVID period.

(2.) The delay petition was strongly opposed by the learned counsel for the respondent. It was contended that there is absolutely no ground for condoning the inordinate delay of above nine years in filing the Appeal. Now the points that arise for consideration are the following :-

(3.) Heard both sides.