IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Mat.Appeal.No. 411 of 2007() ---------------------------- AGAINST THE ORDER DATED 18/05/2007 IN IA.200/2007 IN OP.247/2004 of FAMILY COURT,KOZHIKODE .................... PETITIONER: APPELLANT/PETITIONER -------------------------------- SMITHA, D/O.CHANDRAN NAIR, VATTAKANDIYIL HOUSE, P.O.MALAYAMMA, R.E.C., KOZHIKODE. BY ADV. SRI.M.P.MOHAMMED ASLAM SRI.P.K.YUSUF ISSUDDIN RESPONDENTS: RESPONDENT ----------------------- SREEKUMAR, AGED 40 YEARS, S/O.GOVINDA MENON, UDAYA BHAVAN, K.G.ESTATE, PUCHAVAYAL, PANAMARAM, P.O.KAYAKUNNU, WYNAD DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal No.411 of 2007 ----------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Kurian Joseph,J. The challenge is on the order dated 18-5-2007 in I.A.No.200/2007 in O.P.No.247/2004 on the file of the Family Court, Kozhikode. The interlocutory application was filed seeking amendment of the original petition. The Family Court dismissed the same. Hence the appeal. Learned counsel for the respondent submits that during the pendency of the appeal the original petition itself was disposed of. Therefore, without prejudice to the liberty to the appellant to challenge the judgment and decree in O.P.No.247/2004 also on the ground taken in this appeal, this appeal is closed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal No.411 of 2007 ---------------------------- JUDGMENT 8th July, 2008