2018 (3) TMI 1796

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....ed by the Family Court, Malappuram in O.P. No.1011 of 2011. 3. Facts of the case lie in a narrow compass and to appreciate the short point involved in these appeals, the facts, however, need mention hereinbelow. 4. Respondent No. 1 is the wife of respondent No.6 and daughter-in-law of the appellant herein whereas respondent Nos. 2 to 5 are the children born out of the wedlock of respondent Nos. 1 and 6. 5. Respondent No. 1 (wife/daughter in law) filed a suit being O.P. 1011 of 2011 against the appellant and respondent No. 6 in the Family Court, Malappuram for realization of the gold ornaments or in the alternative its value, which was alleged to have given by her parents to the appellant and respondent No. 6 in her marriage with re....

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....ay in filing appeal and hence the application seeking condonation of delay of 554 days in filing the appeal was not liable to be condoned. As a result, the appeal was dismissed as barred by limitation, which has given rise to filing of these appeals by way of special leave by defendant No. 1- father-in-law in this Court. 11. Heard learned counsel for the parties. 12. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeals, set aside the impugned order, condone the delay in filing appeal before the High Court and remand the case to the High Court for deciding the appeal filed by the appellant on merits. 13. We have perused the contents of the application and the af....