IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Mat.Appeal.No. 325 of 2009(E) ---------------------------- OP.219/2002 of FAMILY COURT,THRISSUR .................... PETITIONER : RESPONDENT ------------------------- MOOSA K.S., AGED 40 YEARS, KARIMBANAKKAL HOUSE, VALIYAKULAM, PALAPPILLI P.O., 680304. BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENT : PETITIONER ------------------------- JUBAIDIYA @ SUBAIDA, AGED 25 YEARS, W/O KARIMBANAKKAL MOOSA, VALIYAKULAM DESOM, PALAPPILLI, C/O OZHUKKAPARAMBAN MUHAMMEDKUTTY, VALIYAKULAM, PALAPPILLI P.O., 680304. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.325 of 2009 ------------------------------------- Dated this the 30th day of July, 2009 ORDER/JUDGMENT BASANT, J. C.M.Appl.No.1059 of 2009 This order is to be read in continuation of the order dated 21.05.09. The delay was ordered to be condoned subject to conditions. The learned counsel for the appellant submits that the condition has not been complied with and that the petitioner is unable to comply with the condition. For non compliance of the condition, the application for condonation of delay has, in these circumstances, to be dismissed. We do so. This petition is accordingly dismissed. Mat.Appeal No.325 of 2009 The application for condonation of delay C.M.Appl.No.1059 of 2009 is dismissed vide separate order. This appeal is hence rejected as barred by limitation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-