IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Mat.Appeal.No. 54 of 2004(E) --------------------------- OP.70/2000 of FAMILY COURT, ERNAKULAM .................... APPELLANT/PETITIONER ----------------------------------- SOLLY JOY, W/O.JOY, AGED 36 YEARS, 33/220A, MADAPPILLY MATTAMVETTIL HOUSE, ALINCHUVADAU, VENNALA.P.O., COCHIN-682 028 NOW RESIDING AT C/O.SANTHOSH XAVIER, KONDAKASSERIL HOUSE, VAISWOMTHAGOM.P.O., CHAMPAKKULAM VIA, ALAPPUZHA. BY ADV. SRI.H.SIVARAMAN RESPONDENT : RESPONDENT ------------------------- JOY MATHEW, 38/220A, MADAPPALLYMATTOM, ALINCHUVADU, VENNALA.P.O., COCHIN - 682 028. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ C.M.Appl.No.592 of 2004 & Mat.Appeal No.54 of 2004 ------------------------------------- Dated this the 27th day of October, 2009 ORDER/JUDGMENT BASANT, J. This appeal filed as early as in 2003 remains in the defect list even now as service has not been effected in the application for condonation of delay. Today the case has come up in the defect list. There is no representation for the appellant/petitioner. No steps have been taken. We must, in these circumstances, assume that the appellant is not interested in prosecuting this Appeal. In these circumstances, the petition for condonation of delay and the Appeal are dismissed for non prosecution. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-