IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Mat.Appeal.No. 765 of 2010() ---------------------------- OP.1272/2007 of FAMILY COURT,THRISSUR .................... APPELLANT/RESPONDENT ----------------------------------- S.VENUGOPAL, S/O.SUBRAMANNIAM, KAMALA NIVAS, CHETTY STREET, P.O.CHELAKKARA, THRISSUR. BY ADV. SRI.S.SHARAN RESPONDENT: PETITIONER ------------------------- SHEEJA M.M., D/O.P.MURUKAN, MURUKA NIVAS, VENGANELLUR POST (VIA), CHELAKKARA, THRISSUR - 680 683. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - Mat.A.No. 765 of 2010 & C.M.Appln. No. 2327 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2010 JUDGMENT Basant, J. The challenge in this appeal is against an ex parte decree. Called upon to explain whether any petition had been filed under Order 9 Rule 13 C.P.C. to get the ex parte order set aside, the counsel submits that the appellant/petitioner wants to file such a petition. The learned counsel for the appellant, in these circumstances, prays that this appeal and the petition to condone the delay may be dismissed as not pressed and withdrawn without any fetter on the right of the appellant/petitioner to move the court below to get the ex parte order set aside. 2. We accept the request. We may hasten to observe that we have not intended to express any opinion on the merits of the application to set aside the ex parte order, which is to be filed. Mat.A.No. 765 of 2010 2 The court below is at liberty to consider the same in accordance with law and on merits. 3. Accordingly the Mat. Appeal and the Petition to condone the delay are dismissed as withdrawn. (R.BASANT) Judge (M.L. JOSEPH FRANCIS) Judge tm