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 DECEMBER 2009 / 16TH AGRAHAYANA 1931 Mat.Appeal.No. 93 of 2005() --------------------------- O.P. No. 616/1997 of the Family Court, Thrissur PETITIONER(S): RESPONDENT ------------------------- A.L.JOSEPH, S/O.LUKA, AMMIKUNNEL HOUSE, MUTTITHADY, MAROTICHAL P.O., THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): PETITIONER ------------------------- K.T.LEELAMMA, W/O.JOSEPH, AMMIKUNNEL HOUSE, NOW RESIDING AT KULAKKATTUKUDIYIL HOUSE, ENANELLOOR VILLAGE, P.O. KOTHAMANGALAM,TALUK, ERNAKULAM DISTRICT. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Application No.780 of 2005 & Mat.Appeal No.93 of 2005 ---------------------------------------- Dated this the 7th day of December 2009 O R D E R & J U D G M E N T Basant,J The learned counsel for the appellant submits that the appellant does not now want to prosecute this petition for condonation of delay and the Mat.Appeal as it appears that the parties have settled their disputes. According to the learned counsel for the appellant, the parties have already secured divorce and they are living separately. The property in question is now enjoyed by the grown up children of the spouses. The respondent/wife has not so far initiated any proceedings for recovery of possession. That being so, the learned counsel for the appellant submits that the appellant does not now want to prosecute this appeal. 2. The request of the learned counsel for the appellant is accepted. Respondent, though served, has not chosen to enter appearance. This application for condonation of delay and the Mat.Appeal are, in these circumstances, dismissed as not pressed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge