V.K.Mohanan, J.
The respondents herein initially approached the Family Court, Nedumangad in O.P No.512/2011 for recovery of gold and money and maintenance etc. from the petitioners herein. The petitioners, who are the respondents therein were set ex parte on 28-04-2012. Subsequently, a decree was passed on 08-01-2013. Thus the petitioners have preferred an application for setting aside ex parte, and as there was a delay in filing the said petition, the petitioners herein has also filed I.A No.1452/2013 to condone the delay of 295 days that occurred in filing the petition to set aside the ex parte decree. The said petition is allowed as per Ext.P5 order, but on condition to the effect that the petitioner shall pay an amount of Rs.10,000/- as costs. Aggrieved by the above condition, the present original petition is filed under Article 227 of the Constitution of India.
2. Heard the learned counsel for the petitioners and the respondents.
3. In the light of the submissions made by both the counsel and in view of the materials produced along with the petition, it can be seen that several proceedings are pending in the court below between the same parties. The learned counsel for the respondents has pointed out that though the prayer of the petitioners initially, to set aside the ex parte order dated 28-04-2012 was allowed by order dated 27-09-2012 in I.A No.1299/2012, the petitioners herein had miserably failed to comply with the conditions imposed in that order. Consequently, the court below passed the ex parte decree due to the continued absence of the petitioners and hence the cost awarded is reasonable. On the other hand the learned counsel for the petitioners submitted that after the ex parte order as well as the decree, the matter has been transferred to the Family Court, Attingal and thus the present application was filed before the Family Court, Attingal and therefore, there was no negligence on the part of the petitioners in moving the application to set aside the ex parte decree. However, it is a fact that though once an order was passed by the Family Court, Nedumangad in favour of the petitioners by which the ex parte order was set aside, the petitioners were miserably failed to comply with the conditions imposed by the court below in the said order. Having considered the entire facts and circumstances of the case, in fact the court below was inclined to condone the delay and to set aside the decree. However, we are of the view that the costs awarded in condoning the delay is exorbitant and therefore the same is liable to be modified especially when the delay is only 295 days. Accordingly, the cost amount is reduced to Rs.5,000/-, which would be sufficient to meet the ends of justice.
In the result, the costs awarded by the court below is modified and reduced to Rs.5,000/- (Rupees five thousand only) and the petitioners are directed to pay the reduced amount of costs within 45 days from today.
Sd/- V.K.MOHANAN, JUDGE.
Sd/- A.HARIPRASAD, JUDGE.
amk //True Copy// P.A to Judge