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 3RD JULY 2009 / 12TH ASHADHA 1931 Mat.Appeal.No. 671 of 2007() ---------------------------- OP.1475/2006 of FAMILY COURT, PALAKKAD .................... APPELLANT/RESPONDENT: ---------------------------- T.K. PHILIP, AGED 54 YEARS, S/O. MATHAYI VARGHESE, THAYLI PEEDIKAYIL, CHUNGATHARA, EDAKKARA, ERNAD TALUK, NILAMBUR. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): PETITIONERS: ----------------------------------- 1. JESSY PHILIP, AGED 44 YEARS, W/O. T.K.PHILIP, THAYLIPEEDIKAYIL HOUSE, VI/333, AYANKODE, THENKARA AMSOM, DESOM, MANNARKKAD TALUK. 2. EMIL SOLA PHILIP, AGED 16 YEARS, S/O. T.K. PHILIP, MINOR REPRESENTED BY MOTHER 1ST RESPONDENT. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 SRI.M.S.NARAYANAN[CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2009,ALONG WITH MA NO.672 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.No.2849/07 IN MAT.A.671/07 //DISMISSED// SD/- R.BASANT, JUDGE. 3.7.09 SD/-M.C.HARI RANI, JUDGE. TRUE COPY P.A.TO JUDGE R.BASANT & M.C. HARI RANI,JJ ============================== MAT APPEAL NOS. 671 & 672 OF 2007 ============================ DATED THIS THE 3RD DAY OFJULY 2009 JUDGMENT Basant,J. When these appeals came up for hearing, the learned counsel for the respondent raised objections in the light of the decisions in Bava v. Madhavan (1995(2) K.L.T.706) and Bhanu Kumar v. Archana Kumar, 2005(1)K.L.T.456(SC). The learned counsel for the appellant accepts the objections and only submits that the appellant may be permitted to withdraw these appeals without any fetter on his rights to move the Family Court to get the ex parte order set aside. 2. These appeals are, in these circumstances, dismissed as withdrawn. We make it clear that the withdrawal of the appeals will not in any way fetter the rights of the appellant to move the Family Court for getting the ex parte order set aside. Such request shall be considered by the Family Court in accordance with law. R. BASANT, JUDGE ks. M.C. HARI RANI,JUDGE WPC. 2 ks.