SANTHOSH KUMAR Vs. SALINI

JUDGEMENT

(1.) O.P.(FC) No.505/2017 is filed challenging the order passed by the Family Court, Kottarakkara in I.A. No.210/2017 in O.P. No.247/2013. O.P.(FC) No.507/2017 is filed challenging an order of the same court in I.A. No.211/2017 in O.P. No.463/2012. Since the parties are common in both the cases, these original petitions are considered together and disposed of through this common judgment.

(2.) The petitioners in O.P.(FC) No.505/2017 are the respondents in O.P. No.247/2013, pending before the Family Court. O.P. No.247/2013 was filed by the respondent herein seeking for a declaration that a document executed by the 2 nd petitioner in favour of the 1st petitioner is null and void and also seeking a consequential injunction. The respondent herein had also filed O.P. No.463/2012, against the 1 st petitioner herein seeking for return of gold ornaments and to declare another document, No.555/2012 of Ezhukone Sub Registry, as null and void. The petitioners herein received notice in both the above said cases instituted before the Family Court. Despite their appearance before the Family Court, they failed to file written statement(objections). Accordingly, the petitioners were set ex- parte and the original petitions were allowed through the ex- parte decrees passed by the Family Court on 30.09.2015 in both the cases.

(3.) The petitioners filed I.A. No.1486/2015 in O.P. No.247/2013 and I.A. No.1483/2015 in O.P. No.463/2012 seeking to set aside the ex-parte decrees. But the petitioners failed to pursue those applications before the Family Court and both the above interim applications were dismissed for default on 10.03.2016. The petitioners thereafter filed I.A. No.210/2017 in O.P. 247/2013 seeking restoration of I.A. No.1486/2015 in O.P. No.247/2013, after condoning delay of 291 days occurred in filing the said application. Similarly, I.A. No.211/2017 was filed seeking restoration of I.A. No.1483/2015 in O.P. No.463/2012 after condoning the delay of 291 days in filing the said petition.