IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Mat.Appeal.No. 23 of 2009() --------------------------- OS.399/2005 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): RESPONDENTS -------------------------- 1. JOSEPH JOSEPH, AGED 36 YEARS, 25TH COTTAGE, PATHADI, EROOR VILLAGE, PATHANAPURAM TALUK. 2. ELIYAMMA JOSPEH, W/O.K.J. JOSEPH, AGED 57 YEARS, 25TH COTTAGE, PATHADI, EROOR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): PETITIONER ------------------------- BINDU JOSEPH, AGED 25 YEARS, JOSIYA VILLA, KOTTAVATTOM MURIYIL, CHAKKUVARAYKKAL VILLAGE, KOTTARAKKARA TALUK. ADV. SRI.R.ARUN RAJ FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.A.No.55 of 2009 in Mat.Appeal No.23 of 2009 & Mat.Appeal No.23 of 2009 ---------------------------------------- Dated this the 28th day of October 2009 O R D E R & J U D G M E N T Basant,J The condition imposed by order dated 29/05/2009 has not been complied with. The order must have been complied with by 29/07/2009. For non-compliance of the directions, the petition to condone the delay must now be dismissed. Consequently, the appeal will have to be rejected as barred by limitation. The learned counsel confirms that the condition has not been complied with. We are satisfied, in these circumstances, that this petition can now be dismissed. 2. C.M.A.No.55 of 2009 is hence dismissed. Consequently, Mat.Appeal No.23/09 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