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 25TH MAY 2010 / 4TH JYAISHTA 1932 Mat.Appeal.No. 176 of 2007() ---------------------------- OP.113/2006 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): RESPONDENT ------------------------- NARAYANIKUTTY AMMA, AGED 78, D/O.JANAKI AMMA, KURUMYARU VEEDU, NETHATTU, VEERAMANGALAM AMSOM, DESOM, OTTAPALAM TALUK. (NOW RESIDING AT KOZHAPPAMADAM, THERLAE ROAD, THRIPPUNITHURA). BY ADV. SRI.N.J.JOHNSON SRI.M.ASHRAF RESPONDENT(S): PETITIONER ------------------------- RAMANKUTTY NAIR, AGED 82 YEARS, KUNJUKUTTY AMMA, VILAYANGATTIL, VEERAMANGALAM AMSOM, DESOM, OTTAPPALAM TALUK. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- C.M. Appl. No.644 of 2007 & Mat. Appeal No. 176 of 2007 ------------------------------------------------- Dated this the 25th day of May, 2010 ORDER/JUDGMENT Basant,J. This appeal filed in 2007 remains in the defect list even now for the reason that steps are not taken for issue of notice as directed on 29/5/07 in spite of the directions issued on 17/11/09. The inference is irresistible now that the appellant is not interested in prosecuting this appeal. This application to condone the delay and the appeal are, in these circumstances, dismissed for non-prosecution. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge