IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Mat.Appeal.No. 942 of 2009() ---------------------------- OP.830/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANTS/RESPONDENTS: -------------------------------- 1. ELDOSE JOSEPH, AGED 27 YEARS, S/O.LATE JOSEPH, PADIPPURACKAL VEEDU, MULAMTHURUTHI P.O., ERNAKUAM DISTRICT. 2. MARIAMMA, AGED 48 YEARS, M/O.THE 1ST APPELLANT DO. DO. BY ADV. SRI.T.R.RAJAN RESPONDENT: PETITIONER: -------------------------- SHERIN ELDOSE, AGED 23 YEARS, D/O.T.V.GOERGE, THENGUVILAYIL SHERLY NIVAS, PADINJATTUMSSERY MURI, KAVIYOOR P.O., KAVIYOOR VILLAGE, THIRUVALLA TALUK. ADV. SRI.MVS.NAMBOOTHIRY THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009, ALONG WITH MA NO.943 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.Application No.3540/09 & Mat.Appeal No.942/09 & C.M.Application No.3532/09 & Mat.Appeal No.943/09 -------------------------------------------------------- DATED THIS THE 4th DAY OF DECEMBER, 2009 O R D E R /J U D G M E N T Basant, J. These petitions are filed by the appellants to condone the delay of 499 days in filing these appeals. 2. The respondent/wife had filed two applications before the Family Court. One was against against her husband for divorce. The other was against her husband and mother-in-law for claiming return of money, ornaments, etc. The court below allowed both those applications and these appeals are directed against the impugned common order allowing such applications filed by the wife. 3. It is reported that the parties have settled all their outstanding disputes. They have resumed co-habitation, it is submitted. They are both present before Court today along with their child. It is submitted that the parties have resumed co-habitation. They have filed compromise petitions also. In these circumstances, both counsel submit that the parties having settled their disputes, the delay in fling these appeals may be condoned, these appeals may be allowed and the impugned orders may be set aside. Mat.A.Nos 942 & 943/09 -2- Applications have been filed to report such compromise to the Court. 4. We are satisfied that the delay can be condoned and these appeals can be admitted. We are further satisfied that the impugned orders in O.P.Nos.829/06 and 830/06 can be set aside as prayed for by the appellant and as conceded by the respondent. 5. In the result: (a) the delay is condoned and these appeals are admitted. (b) the compromise petitions are accepted. (c) These appeals are allowed and the impugned final orders passed in O.P.Nos.829/06 and 830/06 are set aside, as agreed. Those petitions shall now stand dismissed, as agreed. (d) The order of attachment passed in the execution petition shall stand vacated. The execution petition shall stand dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn