IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Mat.Appeal.No. 269 of 2010(F) ---------------------------- OP.932/2007 of FAMILY COURT,KOZHIKODE .................... APPELLANT/RESPONDENT ----------------------------------- SREENATH,AGED 34 YEARS, S/O.SANKARA NARAYANAN, 70/SREEPADAM, SREEKRISHNAN NAGAR, 4TH CROSS, SHETTI HALLI, JALAHALLI WEST, BANGALORE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): PETITIONER ------------------------- ROSHNA MOHANAN, AGED 25 YEARS, D/O.V.K.MOHANAN ADIYODI, SOUPARNIKA, AROOR P.O.,KAKKETTIL KOZHIKODE. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** C.M.Appl.No.852 of 2010 & Mat.Appeal No.269 of 2010 ***************************** Dated this the 26th day of October, 2010 ORDER/JUDGMENT BASANT, J. The learned counsel for the petitioner/appellant submits that the counsel has no instructions. The counsel is unable to state whether the matter has actually been settled. The counsel, in these circumstances, submits that appropriate orders may be passed. 2. There is a delay of 287 days in filing the Matrimonial Appeal. A petition for restitution of conjugal rights stood dismissed and the appeal is directed against that order. The respondent has sent a telegram to convey that the matter has been settled at the Delhi High Court Mediation Centre, as per the directions issued by the Supreme Court. The counsel for the petitioner/appellant was requested to take instructions. It is at this juncture that the counsel reports that he has no instructions. 3. We are satisfied that the petitioner/appellant is not interested in prosecuting the petition for condonation of delay and the Matrimonial Appeal. C.M.Appl.No.852 of 2010 & Mat.Appeal No.269 of 2010 2 4. The petition for condonation of delay and the Matrimonial Appeal are, in these circumstances, dismissed for non prosecution. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/