IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP (FC) NO. 176 OF 2025 AGAINST THE ORDER DATED 09.12.2024 IN IA 2/2023 IN OP NO.26 OF 2014 OF FAMILY COURT, ERNAKULAM PETITIONERS/RESPONDENTS: 1 HENTRY GEORGE, AGED 35 YEARS S/O.GEORGE.P.A, KIZHAKKEPULTHARA, ARATTUVAZHY WARD, ALAPPUZHA., PIN - 688007 2 LEELAMMA, AGED 63 YEARS W/O. GEORGE.P.A. KIZHAKKEPULTHARA, ARATTUVAZHY WARD, ALAPPUZHA, PIN - 688007 P.SHANES METHAR N.KRISHNA PRASAD A.MOHAMMED FAIZAL ARJUN P.V. RESPONDENT/PETITIONER: CHANDINI.P.T., AGED 30 YEARS D/O.ENASI, PARAPPALI HOUSE, KALOOR.P.O., ERNAKULAM - 682037 K.R.VINOD M.S.LETHA(K/139/1996) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29131 OP (FC) NO. 176 OF 2025 2 JUDGMENT Devan Ramachandran , J. The petitioners impugn Ext.P7 order of the learned Family Court, Ernakulam. 2. We must say upfront that we find nothing wrong in the impugned order because, the facts reveal that the petitioners were set ex parte in OP No.26/2014, filed by the respondent herein. He, thereupon, filed IA No.2559/2020 for setting aside the ex parte decree, along with IA No.2560/2020 for condoning the delay of 704 days in filing the former. However, both these applications were again dismissed for default. 3. However, the petitioner intriguingly filed IA No.2/2023 only to restore IA No.2559/2020, but without seeking any relief as against the dismissal of IA No.2560/2020. 4. The learned Family Court has, in our view correctly, therefore, held that the application is incapable of being allowed because, even if IA No.2559/2020 is to be restored, it would be of no consequence since IA No.2560/2020 - which was the petition filed to condone the delay in filing the said application, stands dismissed. 2025:KER:29131 OP (FC) NO. 176 OF 2025 3 In the afore circumstances, this Original Petition is dismissed. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu 2025:KER:29131 OP (FC) NO. 176 OF 2025 4 APPENDIX OF OP (FC) 176/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITION IN O.P. NO.26 OF 2014 ON THE FILES OF FAMILY COURT, ERNAKULAM Exhibit P2 A TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN O.P. NO. 26/2014 ON THE FILE OF FAMILY COURT ERNAKULAM Exhibit P3 A TRUE COPY OF I.A NO.2559 OF 2020 IN O.P. NO. 26 OF 2014 ON THE FILE OF FAMILY COURT, ERNAKULAM Exhibit P4 A TRUE COPY OF I.A NO. 2560 OF 2020 IN O.P. NO. 26 OF 2014 ON THE FILE OF FAMILY COURT, ERNAKULAM Exhibit P5 A TRUE COPY OF THE COUNTER AFFIDAVIT IN I.A NO. 2560 OF 2020 IN O.P. NO. 26 OF 2014 ON THE FILE OF FAMILY COURT, ERNAKULAM Exhibit P6 A TRUE COPY OF THE I.A. NO. 2 OF 2023 IN O.P. NO. 26 OF 2014 ON THE FILE OF FAMILY COURT ERNAKULAM Exhibit P7 A CERTIFIED COPY OF THE ORDER DATED 9.12.2024 I.A. NO. 2 OF 2023 IN O.P. NO. 26 OF 2014 OF FAMILY COURT ERNAKULAM