BEERAN Vs. AYISHUMMA AND ORS.

JUDGEMENT

(1.) The appellant challenges the common order dated 28.2.2018 passed by the Family Court, Malappuram in the applications I.A.Nos.1480 and 1481 of 2017 in O.P.No.817 of 2007.

(2.) The appellant is the respondent in O.P.No.817 of 2007 filed by his wife and daughters claiming an amount of Rs. 10,85,160/- from him towards the value of the gold ornaments belonged to the wife and also towards past maintenance for them. The appellant was set ex-parte in O.P.No.817 of 2007. On 9.4.2008, the Family Court passed an ex-parte order against him directing him to pay an amount of Rs. 10,85,160/- with interest at the rate of 6% per annum.

(3.) After 113 months and 14 days (more than 9 years), the appellant filed the application I.A.No.1481 of 2017 for setting aside the ex-parte order passed against him in O.P.No.817 of 2007. He also filed I.A.No.1480 of 2017 for condoning the delay in filing the aforesaid application. As per the common order dated 28.2.2018, the Family Court dismissed both applications stating that the appellant did not show sufficient cause for the inordinate delay of more than nine years in filing the application for setting aside the ex-parte order. The aforesaid order is challenged in this appeal.