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 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Mat.Appeal.No. 944 of 2009() ---------------------------- OP.841/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- 1. SIDDIQUE.K.K., AGED 30 YEARS, S/O.SHAMSU, C/O.MOIDEEN KOYA, SIDDIQUE HOUSE, THOTTAMKUNIPPADAM NALLALAM, KOZHIKODE DISTRICT. 2. UMMAYYAKUTTY, W/O.MOIDEEN KOYA, AGED 59 YEARS, DO. DO. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): --------------- 1. SUBHAIRAT, D/O.MARAKKARKUTTY, AGED 30 YEARS, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT. 2. MUHAMMED IRSHAD, AGED 10 YEARS (MINOR) S/O.SIDDIQUE. 3. MUHAMMED IRFAD, AGED 7 YEARS (MINOR) S/O.SIDDIQUE. 4. IRFANA, AGED 5 YEARS (MINOR), D/O.SIDDIQUE. MINOR PETITIONERS 2 TO 4 ARE REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT AS IN THE COURT BELOW. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Application No.3601 of 2009 & Mat.Appeal No.944 of 2009 ---------------------------------------- Dated this the 9th day of December 2009 O R D E R & J U D G M E N T Basant,J This petition is to condone the delay of 448 days in filing a Mat.Appeal. The Mat.Appeal, in turn, is directed against a decree for payment of money to the wife and three minor children of the 1st accused herein. Called upon to explain the nature of the challenge in this appeal and on what grounds, the learned counsel for the appellants submits that he wants to raise a contention that he has been wrongly set ex parte. Queried further, the learned counsel for the appellants only submits that this petition for condonation of delay and the Mat.Appeal may, now be dismissed as not pressed without prejudice to the rights of the appellants/petitioners to move the Family Court to get the ex parte order set aside. 2. We accept the request of the learned counsel for the appellants/petitioners. This petition for condonation of delay and the Mat.Appeal are dismissed as not pressed without prejudice C.M.Application No.3601 of 2009 & Mat.Appeal No.944 of 2009 2 to the right of the petitioners/appellants to move the Family Court to get the impugned ex parte order set aside under Order 9 Rule 13. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge C.M.Application No.3601 of 2009 & Mat.Appeal No.944 of 2009 3 C.M.Application No.3601 of 2009 & Mat.Appeal No.944 of 2009 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009