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 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Mat.Appeal.No. 68 of 2004(E) --------------------------- OPDIV.123/2003 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- M.J.JOHN, JOHN MATHEW JOHN,VATTATHITTA E DAPURAYIL PUTHEN VEEDU, PAZHAKULAM KIZHAKKE MURI, PERINGANADU VILLAGE,PATHNAMTHITTA. BY ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE SRI.K.HARILAL RESPONDENT: --------------- PUSPHA JOHN,D/O. C.O.THANKACHAN, PUSHPA VILAYIL,AICHADU MURI, KODUMON VILLAGE,PATHANAMTHITTA. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ C.M.Appl.No.773 of 2004 & Mat.Appeal No.68 of 2004 ------------------------------------- Dated this the 27th day of October, 2009 ORDER/JUDGMENT BASANT, J. This appeal filed as early as in 2004 continues in the defect list even now for want of service in the application for condonation of delay. No steps are taken even today. Counsel submits that she has no instructions. We are satisfied, in these circumstances, that the appellant is not interested in prosecuting the Appeal. In these circumstances, the petition for condonation of delay and the appeal are dismissed for non prosecution. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-