NIDHIN Vs. DHANYA MADHAVAN

JUDGEMENT

(1.) This appeal is filed by the respondents challenging judgment dated 13/9/2010 in OP No.78/2009 of the Family Court, Kottayam at Ettumanoor. After disposal of the case, they filed a review petition along with IA No.2972/10 with a petition to condone delay of 27 days. By order dated 8/2/2011, the said Review Petition also had been dismissed. By the judgment in OP No.78/2009, Family Court permitted the petitioner wife to realise 60 sovereigns of gold ornaments or its value of Rs.8 lakh with 7% interest and cost of Rs.2,000/-.

(2.) The appellants while impugning the aforesaid judgment contended that the entire gold ornaments belonging to the petitioner were kept in a locker with State Bank of India, Kollam Branch. The locker was opened on 16/6/2008 and, on the said date, the entire gold ornaments were returned for which the respondent herein had issued a receipt, photostat copy of which is marked as Ext.B1. Though the original of Ext.B1 was produced along with a review petition, the Family Court did not advert to the same and proceeded on the basis that Ext.B1 receipt is not genuine.

(3.) When the appeal was being heard, we have called for the records including the original of Ext.B1, which the appellants submitted that they have filed along with the review petition. The said document is marked as Ext.B6.