IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Mat.Appeal.No. 593 of 2008 ---------------------------- O.P. NO. 1376/2006 OF THE FAMILY COURT, ERNAKULAM PETITIONER: --------------- JAYAKUMAR, 45 YEARS, S/O.I.K.MENON, LIG-610, PANAMPILLI NAGAR, KOCHI-36. BY ADV. SRI.V.GOPIKRISHNA RESPONDENTS: --------------- BINDU JAYAKUMAR, AGED 38 YEARS, D/O. BALACHANDRAN, HGA 2ND BRANCH LIC OF INDIA ELIAS CHAMBER, BANERJI ROAD, ERNAKULAM. (6 A ASTERDALE PONNETH SOUTH ROAD, KADAVANTHRA ERNAKULAM, KOCHI-20, ADV. SMT.LEKHA SURESH(CAVEATOR) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== C.M. APPLICATION NO. 1846 OF 2008 & MAT APPEAL NO. 593 OF 2008 ============================ DATED THIS THE 2ND DAY OF DECEMBER 2009 JUDGMENT/ORDER Basant,J. There is no representation for the appellant today also. The same was the situation when the matter came up on 20-11-2009. No steps have been taken. This appeal filed as early as in 2008 remains in the defect list even now for the reason that steps have not been taken. We are convinced now that the appellant is not interested in prosecuting this appeal. Respondent-caveator is represented by a counsel. 2. This application for condonation of delay and the Mat appeal are hence dismissed. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. Mat appeal 593/2008 -2- There is no representation for the appellant. The matter remains in the defect list for the reason that steps for issue of notice in the delay petition as ordered on 2-9-2008 have not been taken. The respondent is represented by a counsel who had lodged a caveat. Counsel submits that notice has not been given to the Caveator who is the sole respondent. According to the learned counsel for the Caveator, the appellant appears to have lost interest in the proceedings and he is not pressing the visitorial rights which he has under the impugned order. We assume in these circumstances that the appellant is not interested in prosecuting the matter. However, we give the learned counsel for the appellant one more opportunity to appear and make submissions. If interested, counsel for the appellant can give notice to the Caveator, Advocate Manu Govind. 2. Verify steps and call on 2-12-2009. Mat appeal 593/2008 -3- R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.