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2019 Supreme(Ker) 430

C.K.ABDUL REHIM, T.V.ANILKUMAR
Sajeena – Appellant
Versus
Hussain – Respondent


Advocates Appeared:
For the Appellant : Sri. M.R. Sasith, Adv.
For the Respondent: Sri. C.S. Manilal, Sri. S. Nidheesh, Advs.

JUDGMENT :

T.V.ANILKUMAR, J.

A compromise decree passed on 20.1.2017 by the Family Court, Mavelikkara in O.P.No.683/2014 was sought to be reviewed by the appellant/wife before the court below. I.A.No.3078/2017 filed for reviewing the decree, under Order XLVII Rule 1 of the C.P.C., was delayed by 256 days. Therefore I.A.No.3079/2017 was also filed seeking condonation of delay. Both the petitions were opposed by the 1st respondent/husband and others. The Family Court, on accepting their objections, dismissed both petitions through the impugned order, dated 3.8.2018. That common order is under challenge in this appeal before us.

2. Appellant is the wife of 1st respondent. Other respondents are his parents and brother. The O.P. 683/2014 was filed by the appellant seeking to recover gold ornaments, patrimony etc. During pendency of the O.P. she left for Oman. Since she was not in a position to prosecute the litigation, she executed a power of attorney on 20.12.2016, empowering her mother to prosecute and conduct the case on her behalf. While she was abroad, a compromise was entered on her behalf between the power of attorney holder and the 1st respondent. The Family Court after recording t

















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