IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Mat.Appeal.No. 106 of 2009(D) ---------------------------- ORDER DT.25.01.08 IN O.P.NO.631/2004, O.P.634/2004, O.P.667/2004 ON THE FILE OF THE FAMILY COURT, THRISSUR. APPELLANT/1ST RESPONDENT ------------------------ MINI, AGED 29 YEARS, D/O.LATE ANANDHAN, THADATHIL HOUSE, KURICHIKKARA VILLAGE, MATTAMPURAM DESOM, THRISSUR TALUK. BY ADV. SRI.C.HARIKUMAR RESPONDENT : PETITIONER/2ND RESPONDENT ---------------------------------------- 1. MURALEEDHARAN, AGED 38 YEARS, S/O.GANGADHARAN, KURUPPATHUPARAMBIL HOUSE, KURICHIKKARA VILLAGE, MATTAMPURAM DESOM, THRISSUR TALUK. 2. SUNIL, AGED 35 YEARS, S/O.GOPALAN, KOLANGARAPARAMBIL HOUSE, P.O.ATHANI, THRISSUR DISTRICT. ADV. SRI.P.SANTHOSH (PODUVAL) FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.106 of 2009 ------------------------------------- Dated this the 27th day of May, 2010 JUDGMENT BASANT, J. Both counsel submit that all outstanding disputes between the parties have been settled and an agreement dated 09.04.2010 has been entered into between the parties. Now that the matter is settled, the appellant does not want to prosecute this Appeal, it is submitted. It is prayed that this appeal may be dismissed as withdrawn consequent to the settlement between the parties. 2. Request is accepted. This Appeal is, in these circumstances, dismissed as withdrawn. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- Mat.Appeal No.106 of 2009 2 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.106 of 2009 ------------------------------------- Mat.Appeal No.106 of 2009 3 Dated this the 11th day of November, 2009 ORDER BASANT, J. I.A.No.3335 of 2009 Dismissed as not pressed. I.A.No.3334 of 2009 This petition is to declare that service has been duly effected on the 2nd respondent. Notice issued to him has been returned unclaimed. The note by the Registry reveals that all necessary steps are complete and service can be declared. Petition allowed. Service on the 2nd respondent is declared. C.M.Appl.No.287 of 2009 This petition is to condone the delay of 232 days in filing an appeal. The appeal in turn is directed against the order in O.P.No.667 of 2004 under which the appellant's prayer to set aside a release deed was rejected. According to the appellant the delay occurred on account of reasons beyond her control. It is prayed that a lenient view may be taken and the delay may be condoned. Respondents have entered appearance through counsel. They have filed objections to the application for condonation of delay. The application is stoutly opposed. It is Mat.Appeal No.106 of 2009 4 submitted that the appellant was alone with her ailing parents and was not well are not correct. 2. Having considered all the relevant circumstances, we are satisfied that a lenient view can be taken and the delay can be condoned. 3. Petition allowed. Delay condoned. Mat.Appeal No.106 of 2009 Heard. Admitted. Respondents have already entered appearance. The learned counsel for the appellant stipulates and specifies that this appeal need be reckoned only as the one against the decision in O.P.No.667 of 2004, which was disposed of along with two other connected matters. The appeal in so far as it relates to the challenge against the order in O.P.667 of 2004 is admitted. 2. Call for records. Put up after records are received for hearing and disposal. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-