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. 228 of 2007() ---------------------------- OP.468/2002 of FAMILY COURT,ERNAKULAM .................... APPELLANT/RESPONDENT: ------------------------------------- JOSEPH RAPHEAL @ BENNY, S/O.LATE RAPHEAL PADATHUPARAMBIL HOUSE, ANDIPPILIKKAVU, MADAPLATHUKKARA, MOOTHAKUKNNAM VILLAGE, ERNAKULAM DIST., NOW RESIDING AT PADATHUPARAMBIL HOUSE, P.O. VEMBALLOOR, EDAVILANGU. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT: PETITIONER: ------------------------------ SHIJI FRANCIS, D/O. FRANICS, CHERMANTHURITHIL HOUSE, P.O. GOTHURUTHU, KURUMBATHURUTHU. ADV. SRI.C.P.PEETHAMBARAN SMT.C.M.CHARISMA THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.Application No.813 OF 2007 & Mat.Appeal No.228 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. The learned counsel for the appellant submits that he has no instructions. The learned counsel for the respondent asserts that the decree has already been satisfied and there is no necessity for the continuance of this Mat.Appeal. We accept the submission of the learned counsel for the respondent which is not controverted by the learned counsel for the appellant that he has no instructions. It is evident that the appellant is not interested in prosecuting this appeal. The application for condonation of delay as also the appeal are hence dismissed for non-prosecution. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn