High Court Kerala High Court

Saidalavi Kokkadan vs Valappil Sameera on 11 January, 2010

Kerala High Court
Saidalavi Kokkadan vs Valappil Sameera on 11 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 289 of 2007()


1. SAIDALAVI KOKKADAN, S/O.MOIDEENKUTTY,
                      ...  Petitioner

                        Vs



1. VALAPPIL SAMEERA, D/O.SAID ALAVI,
                       ...       Respondent

                For Petitioner  :SRI.BINDU SREEKUMAR

                For Respondent  :SRI.DILIP MOHAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :11/01/2010

 O R D E R
                      M.N. KRISHNAN, J.
                  ...........................................
                   R.P.(F.C.)No.289 OF 2007
                                       &
                   R.P.(F.C.)No.290 OF 2007
                  .............................................
            Dated this the 11th day of January, 2010

                                O R D E R

These revisions are preferred against the order in

CMP.Nos.1412/2007 and 1413/2007 in M.C.No.340/2003 of

the Family Court, Malappuram. C.M.P.No.1412/2007 is a

petition filed to condone the delay in filing the application

for setting aside the ex parte order and the other petition is

filed to set aside the ex parte order.

2. On account of the absence of the petitioner both the

applications were dismissed. It is against that the present

revisions are preferred. I feel an opportunity has to be given

to the petitioner herein to put forward his case regarding

condonation of delay as well as for setting aside the ex

parte order.

Therefore I allow these revisions petitions and set aside

the order of the Family Court dismissing C.M.P.Nos.1412

and 1413/2007. The Family Court is directed to restore

C.M.P.Nos.1412 and 1413/2007 and then dispose of the same

in accordance with law after giving opportunity to both the

: 2 :
R.P.(F.C.)No.289 OF 2007
&
R.P.(F.C.)No.290 OF 2007

parties to put forward their contentions. The parties are

directed to appear before the Family Court on 20.02.2010.

In case the wife does not appear on that day, the revision

petitioner herein is directed to take notice to her so that

the matter can be heard and disposed of in her presence. It

is also stated that let the petitions be disposed of within a

period of six weeks from the date of the first appearance of

the parties.

M.N. KRISHNAN, JUDGE

cl

: 3 :
R.P.(F.C.)No.289 OF 2007
&
R.P.(F.C.)No.290 OF 2007

R.P.