AMEEN SAYANI LIYAKHATH Vs. SHAJNA NISAR

JUDGEMENT

(1.) The petitioners herein are the petitioners in O.P.No.847/2017 pending before the Family court, Mavelikkara and the aforesaid original petition was filed seeking a decree for return of money, gold ornaments form the respondents herein. Subsequently, the said original petition was dismissed on default by Ext.p2 judgment due to the absence of the petitioners as well as their counsel. Subsequently the petitioners preferred I.A.No.1314/2018 to re-store the original petition on the files. The respondents opposed the said application contending that the present original petition is a counterblast, in retaliation to the proceedings initiated by the respondent before the Family court, Pathanamthitta and the present original petition is frivolous and vexatious one intended only to harass the respondent.

(2.) After considering the objection and perusing the records, the family court dismissed the said application, on a finding that though the petitioner was directed to appear before the court, he failed to appear before the court and the power of attorney holder was also absent. After perusing the records, the family court observed that the petitioner is not diligent in prosecuting the original petition and the original petition itself is intended as a counter blast to the original petition filed by the respondent against the petitioners before the Family court, Pathanamthitta. These orders are under challenge in this original petition.

(3.) Heard the learned counsel for the petitioners and the learned counsel for the respondent.