JOHNY JOHN Vs. JAINYMOL SASANKAN

JUDGEMENT

(1.) The appeal is filed by the second respondent in OP 1453 of 2011 of the Family Court. He challenges the order refusing to set aside the exparte decree on condoning the delay.

(2.) O.P. 1453 of 2011 was filed by the first respondent in the appeal, against the second respondent and the appellant herein as respondents 1 and 2. The respondents in the appeal are husband and wife. For the sake of convenience the parties are hereinafter referred to as "the appellant", "the husband" and "the wife".

(3.) The wife filed the Original Petition seeking a declaration that she is the absolute owner of the property scheduled to the Original Petition. The appellant was set exparte on 24/9/2012. The husband also did not appear. The Family Court passed an exparte decree declaring the exclusive title of the wife over the property.