IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Mat.Appeal.No. 115 of 2009() ---------------------------- OP.142/2007 of FAMILY COURT, MALAPPURAM .................... APPELLANT/RESPONDENT IN O.P : --------------- ABU HAJI, S/O. NEENA MUHAMMED, AGED 50, POTHALAKKAL HOUSE, PANAM PADI, OTHALUR, AMSOM KOKKUR DESOM,P.O.KOKKUR, PONNANI TALUK, MALAPPURAM DIST. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENTS/PETITIONERS IN O.P: --------------- 1. KADEEJA, D/O. MUHAMMED, AGED 40, THEVARUPARAMBIL HOUSE, PANAM PADI, OTHALUR AMSOM KOKKUR DESOM, P.O. KOKKUR, PONNANI TALUK, MALAPPURAM DIST. 2. IBRAHIM KUTTY, S/O. ABU HAJI AGED 18, THEVARUPARAMBIL HOUSE, PANAM PADI, OTHALUR AMSOM KOKKUR DESOM, P.O. KOKKUR, PONNANI TALUK, MALAPPURAM DIST. ADV. SRI.P.VIJAYA BHANU FOR R2 SRI.P.VENUGOPAL (1086/92) FOR R2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.A.No.315 of 2009 in Mat.Appeal No.115 of 2009 & Mat.Appeal No.115 of 2009 ---------------------------------------- Dated this the 12th day of October 2009 O R D E R & J U D G M E N T Basant,J The delay of 409 days was ordered to be condoned subject to conditions. It is admitted that amounts have not been deposited before the court below as directed in the order dated 14/7/2009. The time for payment has already expired. There is no appeal or petition for review preferred against the said order. In these circumstances, the prayer for condonation of delay only deserves to be dismissed now for non-compliance of the conditions imposed. 2. In the result, petition for condonation of delay C.M.A.No.315/09 is dismissed for non-compliance of the conditions imposed. Consequently, Mat.Appeal No.115/09 shall stand rejected as barred by limitation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl/Mat.Appeal No. 2 W.P.Crl/Mat.Appeal No. 3 W.P.Crl/Mat.Appeal No. 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009