RAJESH S/O SANKARANARAYANAN Vs. SHEEBA D/O SANKARANARAYANAN

JUDGEMENT

(1.) THE appellant herein is the respondent in O.P. No.468 of 2010 on the file of the Family Court, Thrissur. That O.P. was filed by the respondent for return of gold ornaments and articles or their money value. The O.P. was allowed as per the order dated 7.12.2010, after setting the appellant herein (respondent before the Family Court) ex-parte.

(2.) THE appellant filed I.A. No.7753 of 2010 to set aside the ex-parte decree. That application was dismissed by order dated 4.11.2011, which is under challenge in this Mat. Appeal. The appellant also challenges the final order in O.P. No.468 of 2010.

(3.) WE are of the view that the appellant herein should be given a chance to contest the case on merits. The respondent cannot claim that she has acquired any vested right in getting the benefit of an ex-parte decree. In the facts and circumstances, the Mat. Appeal is allowed and the order dated 4.11.2011 in I.A. No.7753 of 2011 is set aside. I.A. No.7753 of 2011 is allowed and the ex-parte decree dated 7.12.2010 passed in O.P. No.468 of 2010 is set aside. The appellant (respondent before the Family Court) shall file a counter statement in the O.P., within a period of 45 days from today. The Family Court shall dispose of the case as expeditiously as possible. The parties shall appear before the Family Court, Thrissur on 30.7.2012.