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 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Mat.Appeal.No. 347 of 2007() ---------------------------- OP.254/2003 of FAMILY COURT,KOZHIKODE .................... APPELLANT/RESPONDENT ----------------------------------- A.K.MAJEED, S/O. AHAMMEDKUTTY, AGED 36 YEARS,UNNIKKULAM AMSOM AND DESOM, THAMARASSERY, KOZHIKODE DISTRICT.(WRONLGLY SHOWN AS POONOOR PO., KOYILANDY TALUK) BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENT : PETITIONER ------------------------- THALANCHERY RAMLA, AGED ABOUT 27 YEARS, D/O. BICHU, KIOZHAKKAYIL, AVIDANALLOOR AMSOM AND DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. ADV. SRI.K.B.GANGESH FOR R1 SMT.SMITHA CHATHANARAMBATH FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ C.M.Appl.No.1295 of 2007 & Mat.Appeal No.347 of 2007 ------------------------------------- Dated this the 1st day of December, 2009 ORDER/JUDGMENT BASANT, J. When the application for condonation of delay and the Matrimonial Appeal came up for hearing, the learned counsel for the petitioner/appellant submits that both the application for condonation of delay and the Matrimonial Appeal may now be dismissed as not pressed without any fetter on the rights of the petitioner/appellant to move the Family Court to get the impugned exparte order set aside in accordance with law. The said submission of the learned counsel for the petitioner/appellant is accepted. 2. Accordingly the application for condonation of delay and the Matrimonial Appeal are dismissed as not pressed making it clear that the dismissal of the application for condonation of delay and the Matrimonial Appeal shall not fetter the rights of the appellant to move the Family Court to get the exparte order set aside in accordance with law. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-