IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 RP.No. 26 of 2011() ------------------- AGAINST THE JUDGEMENT/ORDER IN MAT.92/2007 Dated 30/11/2007 .................... REVIEW PETITIONER(S): APPELLANT/PETITIONER ------------------------------------------ DARWIN JOSEPH, KARIKKASSERY, RESIDING AT MYPAN HOUSE, VADUTHALA. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): RESPONDENTS -------------------------- 1. SEENA DARWIN, D/O. SISILY, MYPPAN HOUSE, VADUTHALA, CHERANALLOOR VILLAGE, ERNAKULAM-682 023. 2. CHINNU DARWIN (MINOR), D/O. SEENA DARWIN, MYPPAN HOUSE, VADUTHALA, CHERANALLOOR VILLAGE, ERNAKULAM-682 023. 3. MINNU DARWIN (MINOR), D/O. SEENA DARWIN, MUPPAN HOUSE, VADUTHALA, CHERANALLOOR VILLAGE, ERNAKULAM, 2ND AND 3RD RESPONDENT ARE MINOR REPRESENTED BY MOTHER, GUARDIAN IN THE APPEAL. BY ADV. V.S. BABU GIREESAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- R.P. NO. 26 OF 2011 in Mat A. No,92 of 2007 & CM.Appn. 90/2011 in RP 26/2011 -------------------------------------------- Dated this the 18th day of March, 2011 O R D E R Ramachandran Nair, J. This Review Petition is filed after four years of dismissal of the Mat. Appeal as withdrawn. Review Petitioner's case is that appeal was withdrawn by him for the reason that there was settlement between the appellant and his estranged wife. Counsel appearing for the respondent-wife denied any kind of settlement whatsoever. In any case, we do not find the grounds raised by the appellant are sufficient either to explain the delay in filing the Review Petition, nor to recall the order dismissing the appeal as withdrawn on merits. Therefore the Delay Condonation Petition is dismissed. Consequently Review Petition is also dismissed. However, dismissal of the Review Petition will not preclude the appellant from raising the changed circumstances before the Family Court which executes the decree. (C.N. RAMACHANDRAN NAIR) Judge (HARUN-UL-RASHID) kk Judge. 2