JOHN Vs. FEENA

JUDGEMENT

(1.) This appeal has been filed by respondents 3 and 4 in O.P.No.108 of 2005 challenging the order dated 26.11.2007 in I.A.No.1960/2006 and 1967/2006. The original petition was filed by the respondent herein seeking return of gold ornaments and money. Respondents 3 and 4 who are the appellants herein are the brother and brother's wife of the 1st respondent husband. An ex-parte decree came to be passed in the case. Respondents 3 and 4 alone filed an application to set aside the ex-parte decree passed on the petition to condone the delay of 202 days. The Family Court found that the delay had not been properly explained and accordingly, application to condone delay was dismissed consequent to which the application to set aside the ex-parte decree was dismissed.

(2.) During the pendency of the appeal, the 1st appellant died and additional 3rd respondent has been impleaded in the case.

(3.) Learned counsel for the appellants contended that the parents of respondent's husband had not appropriated any gold ornaments or taken any money. Vakalath was filed and the case was contested. But the appellants were not in a position to appear in the case on account of the fact that the 1st appellant was suffering from serious illness, namely, kidney failure and the 2 nd appellant had to attend to him. On the other hand, the learned counsel appearing for the respondent, while supporting the order passed by the Family Court contended that the husband/1st respondent in the original petition had in fact agreed to pay the aforesaid amount and the attempt of the appellants herein is only to delay the matter.