JUDGMENT Devan Ramachandran, J.

The appellant has preferred this Appeal challenging the order of the learned Family Court, Trissur, which dismissed her application to set aside ex parte decree in O.P.No.749/2014 filed by the respondent; as also the application to condone the delay of

1157 days for filing the former.

2. Admittedly, the Original Petition was filed by the respondent – who is the daughter-in-law of the appellant, seeking return of gold and money comprising her patrimony; and it was decreed ex parte on 22.04.2016.

3. The appellant, after a delay of more than 1157 days, then filed I.A.No.3015/2019 to set aside the ex parte decree invoking the provisions of Order IX Rule 13 of the Code of Civil Procedure (CPC); accompanied by I.A.No.3014/2019, seeking to condone the delay of 1157 days (which is nearly four years) in filing the former.

4. The learned Family Court considered the applications, after evaluating the evidence led in by the parties – comprising of Exts.A1 to A6 series of documents on the side of the appellant and Exts.B1 to B7 on the side of the respondent – to find that the explanation for the delay is untenable; leading to the consequential dismissal of I.A.No.30