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 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Mat.Appeal.No. 23 of 2008() --------------------------- OP.239/1998 of FAMILY COURT,TRIVANDRUM .................... APPELLANT/PETITIONER ------------------------ AGNES, D/O.CATHERINAL, AGED 65, RESIDING AT FABI VIHAR, NEAR KURISUPALLY, KANNANTHURA, THIRUVANANTHAPURAM. BY ADV. SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): COUNTER PETITIONERS ----------------------------------------------- 1. A.BENJAMIN, AGED 70, S/O.ARULAPPAN, T.C.32/909, HAPPY HOME, NEAR WIRELESS STATION, THIRUVANANTHAPURAM. 2. SULOCHANA DEVI, T.C.32/909, HAPPY HOME, NEAR WIRELESS STATION, THIRUVANANTHAPURAM. ADV. SRI.SUMAN CHAKRAVARTHY FOR R1 THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- Mat.Appeal No.23 OF 2008 ----------------------------------------------------- DATED THIS THE 2nd DAY OF NOVEMBER, 2009 J U D G M E N T Basant, J. The appellant was the petitioner before the court below. This appeal was filed against the dismissal of the application. It was filed along with an application to condone the delay. On 27.10.2009, when the matter came up for hearing, there was no representation for the appellant. This Court perused the affidavit and felt persuaded to condone the delay. As the appellant was not present, the matter was posted to 28.10.2009 and then to this date. There is no representation for the appellant today also. The inference appears to be irresistible that the appellant is not interested in prosecuting this appeal. This appeal is in these circumstances dismissed in limine for non-prosecution. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn