IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Mat.Appeal.No. 385 of 2010() ---------------------------- OP.210/2006 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): APPELLANTS/RESPONDENTS NOS.3 AND 4: -------------------------------------------------- 1. ALIKUNJU, BEECHI VILLA, NEAR AMMANKOVIL JUNCTION, ADIKKATTUKULANGARA, PALAMEL VILLAGE, MAVELIKKARA TALUK. 2. BEEVIJAN, W/O.ALIKUNJU, DO. DO. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- 1. HASEENA BEEVI, AGED 28 YEARS, D/O.ABDUL VAHEED, PLATHOOR NIRAPPIL VEEDU, VENCHEMPU, KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM. 2. MUHAMMED RAFI, AGED 32 YEARS, S/O.ALIKUNJU, BEECHI VILLA, NEAR AMMANKOVIL JUNCTION, ADIKKASTTUKULANGARA, PALAMEL VILLAGE, MAVELIKKARA TALUK. 3. BEENA BEEVI, MANNUMPURATHUKIZHAKKATHIL VEEDU, ADIKKATTUKULNAGARA, PALAMEL VILLAGE, MAVELIKKARA TALUK. 4. SHEREEF, S/O.ALIKUNJU, DO. DO. 5. DILJAN, D/O.BEEVIJAN, DO. DO. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Application No.1079 of 2010 & Mat.Appeal No.385 of 2010 ---------------------------------------- Dated this the 7th day of June 2010 O R D E R & J U D G M E N T Basant,J The application is to condone the delay of 101 days in filing the appeal. The appeal, in turn, is directed against a decree for money granted in favour of the wife. In that proceedings, the husband as well as the relatives of the husband, including his parents, i.e. the appellants herein, were arrayed as respondents. However, decree was passed only against the husband and all the relatives were absolved from liability. The appellants now come before this court with this appeal. 2. What is their grievance? There is no decree against them. The ex parte decree is only against the son, the husband/claimant. They have not only filed an appeal; but also prayed stay for execution of the decree. 3. It is transparently evident that this appeal is without bona fides. The appellants, against whom no decree has been passed, have come before this court with this appeal, obviously C.M.Appl.No.1079/10 & M.A No.385/10 : 2 : in an attempt to avoid/delay the execution of the decree insofar as it is against their son, the 1st respondent before the court below. The attempt deserves to be deprecated. We make no secret of our displeasure. 4. The Mat.Appeal and the C.M.Application are both hence dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge C.M.Appl.No.1079/10 & M.A No.385/10 : 3 : C.M.Appl.No.1079/10 & M.A No.385/10 : 4 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009