V.K.Mohanan, J.
Aggrieved by the onerous condition imposed by the court below as per the impugned order directing the petitioner, who approached the court below, to deposit Rs.1,00,000/-, for setting aside the ex parte order, preferred this Original Petition (F.C.).
2. Heard the learned counsel for the petitioner as well as the respondent.
3. The respondent herein approached the Family Court, Palakkad by filing O.P.No.89 of 2011 with a prayer to return the gold ornaments and money from the petitioner herein. The relationship between the petitioner and the respondent had been strained and a divorce has already been granted by the Family Court at the instance of the respondent. The challenge against the same is pending before this Court. After the disposal of the divorce petition by the Family Court, the respondent herein filed the present Original Petition, O.P.No.89 of 2011 before the court below with the above O.P.(F.C.) No.444 of 2014 2 prayer.
4. The impugned order shows that the above petition was decreed ex parte, since the petitioner herein failed to appear before that court and to cross examine PW1, the wife of the petitioner who moved the said petition for return of gold ornaments and money. After having satisfied with the reasons stated in the application filed by the petitioner for setting aside the ex parte order, the learned Judge of the Family Court allowed his petition, by order dated 15.7.2014, in I.A.No.1557 of 2013. However, the court imposed a condition to deposit Rs.1,00,000/- in that court and also made clear that the respondent is not entitled to withdraw the said amount till the disposal of the above appeal.
5. When the above Original Petition came up for consideration before this Court, by order dated 3.9.2014, as a condition precedent to grant stay, directed the petitioner to deposit Rs.50,000/- in the court below, after the costs ordered by the court below. The learned counsel for the petitioner submitted that the petitioner has already deposited the amount of Rs.50,000/- in terms of the order of this Court.
6. Having regard to the facts and circumstances of O.P.(F.C.) No.444 of 2014 3 the case, we are of the view that it is only just and proper to reduce the cost amount fixed by the court below and the same can be confined to Rs.50,000/-. Accordingly, the costs awarded by the court below as per Ext.P5 order is reduced and fixed as Rs.50,000/-, which the petitioner has already deposited. The petitioner is also directed to pay a sum of Rs.5,000/- (Rupees five thousand only) to the respondent either by paying directly to her or by depositing the same in the court below whichever subject to the satisfaction of the learned Judge of the Family Court. The said payment shall be effected within one month from today. On paying the above amount, the trial court is directed to proceed with I.A.No.1557 of 2013. As the petitioner has deposited Rs.50,000/- recording the satisfaction of compliance of the condition in Ext.P5 order, the Family Court shall proceed with O.P.No.89 of 2011 and dispose of the same on merits.
Sd/-
V.K.MOHANAN, JUDGE.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs