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 6TH OCTOBER 2009 / 14TH ASWINA 1931 Mat.Appeal.No. 23 of 2003(F) ---------------------------- OP.387/1999 of FAMILY COURT,THRISSUR MC.44/1999 of FAMILY COURT,THRISSUR .................... PETITIONER: APPELLANT/RESPONDENT: ------------------------------------ JAMALUDIN, S/O. KANDAKATH BHAVA, MATHILAKAM VILLAGE, CHAKKARAPADAM DESOM, KODUNGALLUR TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ABU, AGED 63 YEARS, S/O.MUHAMMEDKUTTY, NEDUMPURACKAL HOUSE,MANJANADU DESOM,PADIYOOR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENT: PETITIONER: -------------------------- SUHARA, D/O. THOTTUGAL KANNEZHATH KUNJUMOITHEEN, SREENARAYANAPURAM VILLAGE, PROBAZAR DESOM, KODUNGALLUR TALUK. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== MAT APPEAL NO. 23 OF 2003 ============================ DATED THIS THE 6TH DAY OF OCTOBER 2009 JUDGMENT Basant,J. This appeal is filed by the husband claiming to be aggrieved by an order for dissolution of marriage under Section 2 of the Dissolution of Muslim Marriage Act. This appeal was filed as early as on 20-3-2003. The Bench which considered admission on 4-7-2003 directed that notice shall be issued on condition that the appellant deposits an amount of Rs.2,000/- to be paid to the respondent towards preliminary expenses. Such deposit was not made and when the appeal came up in the defect list long later, on 12-8-2009, this court granted time to the appellant to comply with the order and take necessary steps till 17-8-2009. 2. Thereafter also, deposit has not been made and no steps have been taken. 3. When this appeal came up again for consideration today, the learned counsel for the appellant submits that deposit has not been made. The learned counsel has no instruction from the MAT APPEAL 23/2003 -2- appellant, it is submitted. 4. It is now very evident that the appellant does not want to prosecute this appeal. This appeal is accordingly dismissed for non -prosecution. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. MAT APPEAL 23/2003 -3- R.BASANT & M.C. HARI RANI,JJ ============================== MAT APPEAL NO. 23 OF 2003 ============================ DATED THIS THE 12TH DAY OF AUGUST 2009 ORDER Basant,J. This petition filed as early as on 20-3-2003 remains in the defect list for the reason that the directions in the order dated 4-7-2003 has not been complied with and steps have not been taken. The learned counsel prays for two days further time to comply with the directions. As last chance, we give the appellant time till 17-8-2009 to comply with the directions. Call on 18-8-2009 for disposal. R. BASANT, JUDGE M.C. HARI RANI,JUDGE MAT APPEAL 23/2003 -4- R. BASANT & M.C. HARI RANI, JJ. MAT APPEAL NO.23/2003 JUDGMENT 6-10-2009 MAT APPEAL 23/2003 -5-