IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Mat.Appeal.No. 774 of 2010() ---------------------------- OP.765/2007 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: APPELLANT/RESPONDENT: ------------------------------------ PONNAPPAN, AGED 43 YEARS, S/O.AUGUSTINE, PUTHENPARAMBIL HOUSE, WARD II, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.SUNILKUMAR RESPONDENTS: --------------- 1. FREETUS, AGED 54, S/O.GREGARY, VADAKKETHAYYIL, THUMBOLI WARD, ALAPPUZHA-688008. 2. NIDHIN, AGED 7 YEARS, VADAKKETHAYYIL, THUMBOLI WARD, ALAPPUZHA-688 008. 3. NIKHIL, AGED 7 YEARS, VADAKKETHAYYIL, THUMBOLI WARD, ALAPPUZHA-688 008. RESPONDENTS 2 AND 3 ARE REPRESENTED BY THE 1ST RESPONDENT. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 04/10/2010, ALONG WITH MA NO. 775 OF 2010. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mat. Appeal Nos.774 and 775 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of October, 2010. JUDGMENT Basant J., These appeals are directed against a common order. Two seperate O.P.s were disposed by a impugned common order. One O.P. was disposed of exparte and directions for payment was issued against the appellant herein. The other O.P. was dismissed for non appearance of the appellant. 2. The learned counsel for the appellant was called upon to explain how the challenge on merits can be upheld in the absence of total lack of evidence before the Court below. The learned counsel for the appellant after taking instructions prays that the appellant may be permitted to withdraw these appeals, now, without any fetter on his rights to get the exparte order set aside and the O.P. restored to file by filing appropriate applications before the Family Court. The said request, we are satisfied can be allowed. These appeals are in these circumstances, dismissed as withdrawn Mat. A Nos.774 & 775 of 2010 2 making it clear that the dismissal of these appeals, by this common judgment, shall not in any way fetter the rights of the petitioner to move appropriate applications before the court below to get the impugned exparte order passed against him set aside and to get the the petition filed him restored to file. The original orders produced along with these appeals shall forthwith be returned to the appellant by the Registry. R. BASANT, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/