JUDGMENT

Petitioner is the respondent in M.C. No. 256/2021 on the file of the Family Court, Kozhikode. The said case was filed claiming maintenance from the petitioner by respondents 2 and 3 under Section 125 of the Code of Criminal Procedure . Originally Ext.P2 ex-parte order was passed by the court below on 03.11.2021. The petitioner came to know about the ex-parte order only on receipt of summons from the court below in Ext.P7 execution petition is the submission. Immediately an application was filed to set aside the ex-parte order with a petition to condone the delay of 42 days in filing the application. By Ext.P3 order, the court below allowed the application on payment of cost of Rs.20,000/- and directed the petitioner to pay the cost on 15.07.2022. The petitioner submitted Ext.P6 application seeking two months' time to comply with the condition imposed in Ext.P3 order. Since the petitioner could not comply with the condition of payment of cost, the court below, by Exts.P4 and P5 orders, dismissed the application to set aside the ex-parte order as well as the application to condone the delay. It is the case of the petitioner that in the meanwhile, the petitioner remitted the