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. 101 of 2007() ---------------------------- OP.971/2003 of FAMILY COURT, THIRUVALLA .................... PETITIONER(S): APPELLANT/2ND RESPONDENT --------------------------------------- MARIAMMA JOSEPH, W/O LATE JOSEPH, KADUVETTOOR VEEDU, ERUVETTOOR VEEDU, ERUVELLIPPARA MURI, THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S): PETITIONER & RESPONDENTS 1,3,4 & 5 ------------------------------------------------- 1. JOYCE ELIZABETH CHERIAN, W/O.SHEFFI CHERIAN JOSEPH, ANAKKALLIL VEEDU, NJOOZHOOR MURI, AYROOR, RANNI, PATHANAMTHITTA. 2. SHEFI CHERIAN JOSEPH, S/O LATE JOSEPH, KADUVETTOOR VEEDU, ERUVELLIPPARA MURI, THIRUVALLA, PATHANAMTHITTA. 3. SHIBU VARGHESE JOSEPH, P.O.BOX NO.837, FALCON, CILNEFOTD, MANAMA, BAHARIN. 4. SHEELA ELIZABETH GHEEVARGHESE, P.O.BOX NO.11980, IBN AL-HYTHEM GLAM SCHOOL, MANAMA, BEHARIN. 5. ACHAMMA MATHEW (SHERLY MATHEW), PAZHAYIDATHIL HOUSE, MAZHUVANGADI, THIRUVALLA. ADV. SRI.K.P.SREEKUMAR FOR R1 SRI.R.GIREESH VARMA FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- Mat. Appeal No. 101 of 2007 & C.M.Appl. No. 399 of 2007 ------------------------------------------------- Dated this the 27th day of October, 2009 JUDGMENT/ ORDER Basant,J. This appeal, though filed as early as in 2007, remains in the defect list even now as service on respondents 3 to 5 is not complete yet. 2. Today when this appeal came up for hearing in the defect list, there is no representation for the appellant. The learned counsel for respondents 1 and 2 submits that this appeal is now unnecessary and superfluous inasmuch as the judgment impugned in this appeal i.e., judgment dated 18/2/06 in O.P. No.971/03 has subsequently been set aside by the court below and a consent decree has been passed later on 13/7/07. That judgment passed on consent is produced in Mat. Appeal No. 101 of 2007 & C.M.Appl. No. 399 of 2007 -: 2 :- M.A.No.657/08 and that shows that a compromise decree was passed. It is thus evident that this Mat. Appeal does not really survive for consideration. That evidently is why the appellant has not taken any steps and there is no representation for the appellant now before us. We are satisfied, in these circumstances, that this Mat. Appeal and the petition for condonation of delay only deserve to be dismissed as unnecessary in the light of the submission of the learned counsel for respondents 1 and 2. 3. This Mat. Appeal and the C.M. Application are dismissed as unnecessary and for non-prosecution. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge