Hariprasad,J:
Heard the learned counsel appearing for the appellant and the respondent.
2. As per the order on I.A.No.2299 of 2011 in O.P.No.698 of 2009, the learned Judge of the Family Court, Malppuram dismissed the application filed by the appellant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree. It is seen from the impugned order that the appellant was not present and there was no representation when the application was taken up for hearing. On that ground, the application was dismissed. After hearing the counsel appearing for the appellant and the respondent, we are satisfied that the appeal can be disposed as follows:-
This appeal is allowed on condition that the appellant shall pay `5000/- (rupees Five Thousand only) as cost to the respondent within a period of one month from today. In the event of payment of cost, the application filed under Order 9 Rule 13 of the C.P.C. before the Family Court, Malappuram shall be restored to file and the learned Judge shall dispose of the application on merit as expeditiously as possible. If cost is not paid in the prescribed time, the application mentioned above will stand dismissed.
V.K.MOHANAN, Judge A.HARIPRASAD, Judge.
MBS/