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 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Mat.Appeal.No. 690 of 2007() ---------------------------- OP.560/2006 of FAMILY COURT, MALAPPURAM .................... APPELLANT/RESPONDENT ----------------------------------- MOHAMMEDALI T.K., 35 YEARS, S/O.KUTTIYALI, THONDIKODAN HOUSE, P.O.PARAMBILPEEDIKA, MALAPPURAM DIST. REP. BY HIS POWER OF ATTORNEY HOLDER, ABDUL SALIM T.K., AGED 25 YEARS, S/O.KUTTIYALI, NARAMCHULLI HOUSE, PUTHUR DESOM, PARAMBILPEEDIKA P.O., TIRURANGADI TALUK. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL RESPONDENT: PETITIONER -------------------------- ASMABI C.P., 29 YEARS, D/O.MAMMAD HAJI, CHOLAPOTTAYIL HOUSE, NEDIYIRIPPU P.O., KONDOTTY, MALAPPURAM DIST. ADV. SRI.BABU S. NAIR FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Appl.No.2377 of 2007 & Mat.Appeal No.690 of 2007 ----------------------------------------------------------------------------------- Dated this the 26th day of November 2009 O R D E R & J U D G M E N T Basant,J This petition is to condone the delay of 25 days in filing a Mat.Appeal. The Mat.Appeal in turn directed against a decree for Dissolution of Muslim Marriage Act. The application is vehemently opposed. The learned counsel for the respondent submits that there is absolutely no merit in this application for condonation of delay. The learned counsel submits that on merits also, there is absolutely no case for the petitioner/appellant who admittedly had contracted a third marriage while the marriage with the respondent was in existence. 2. We have considered all the relevant aspects. We find merit in the submission of the learned counsel for the respondent . We are not satisfied, in the facts and circumstances of the case, that the appellant is entitled to get the delay condoned. 3. This petition for condonation of delay is, in these circumstances, dismissed. Consequently, Mat.Appeal No.690/07 shall stand rejected as barred by limitation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl/Mat.Appeal No. 2 W.P.Crl/Mat.Appeal No. 3 W.P.Crl/Mat.Appeal No. 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009