IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN &

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA MONDAY, THE 15^TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 MAT.APPEAL NO. 574 OF 2023 AGAINST THE ORDER DATED 11.11.2022 IN IA 1/2020 in RP NO.37 OF

2020 IN OPHMA NO.1116 OF 2015 OF FAMILY COURT, MAVELIKKARA APPELLANTS/PETITIONERS:

1 SUJITH, AGED 37 YEARS S/O. SOMAN. KANNATTU KRISHNA BHAVANAM, UMBER NADU MURI THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

2 INDIRA, AGED 58 YEARS W/O SOMAN, KANNATTU KRISHNA BHAVANAM, UMBER NADU MURI THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

K.BIJU K.R.SAJITH K.V.BHASI(B-407)

RESPONDENT/RESPONDENT: HARITHA, AGED 33 YEARS D/O HINDU MANI, KULATHINTEPADEETTATHIL HOUSE, KOTTARKAVU MURI, MAVELIKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

ALEX K.JOHN ANIL G. PILLAI(K/002127/2019)

REMYA MURALI(K/154/2013)

SRAYAS JOSEPH(K/00000059/2023)

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Devan Ramachandran , J.

There is a doubt impelled at the Bar whether this Matrimonial Appeal is maintainable against the impugned order, when the alleged ex parte judgment and decree have not been assailed.

2. However, we do not require to enter into the merits of the afore because, the learned counsel appearing for the respondent – Sri.Alex K.John, submitted that his client will agree to the ex parte judgment being set aside and the matter being allowed to be adjudicated on its merits, provided the appellants furnish security for the entire decree debt, as presently found. He conceded that his client has already attached a property belonging to the appellants; and added that the intention of his client is not to deny legitimate opportunity to the appellants, but to have the Original Petition itself disposed of at the earliest.

3. Sri.K.Biju – learned counsel for the appellants, submitted that his clients are willing to furnish security for the amount now adjudicated; but prayed that the property attached be also permitted to be offered for such purpose.

Taking note of the afore submissions and with the consent of both sides, we dispose of this appeal, with the following directions:

(a) If the appellants are to furnish security for an amount of Rs.5,00,000/- to the satisfaction of the Trial Court, on or before 31.07.2024, the impugned order and the ex parte judgment will stand set aside. The appellants are also permitted to offer the property attached by the Trial Court for this purpose; however, subject to evaluation by it as per law.

(b) On the afore being done, the learned Family Judge will proceed to dispose of OP(HMA) No.1116/2015, after affording necessary opportunities to both sides, as expeditiously as is possible, but not later than six months from the afore date.

(c) Needless to say, if the appellants are not to furnish security in terms of direction (a) above, this appeal will stand dismissed and the impugned order, as also the ex parte decree, will stand confirmed.

Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu APPENDIX OF MAT.APPEAL 574/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE COMMUNICATION DATED

25.02.2020 EA 27/2020 Annexure 2 TRUE COPY OF THE AGENDA SIGNED BY THE SECRETARY S.N.D.P BRANCH NO. 526 UMBER NADU KALLU MALA P.O., MAVELIKKARA.

DOCUMENT True copy of the petition filed by the Appellant before the Trial court ( Family court Mavelikkara) to set aside the expartee order passed in OP (HMA) 1116/2015.

DOCUMENT 2 True copy of the petition filed to condone the delay in the above mentioned petition to set aside the expartee order in OP HMA

1116/2015