IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Mat.Appeal.No. 214 of 2011() ---------------------------- OP.1081/2002 of FAMILY COURT,THRISSUR .................... PETITIONER: APPELLANT ------------------------ JALEEL,AGED 45 YEARS,S/O.LATE ABDULLAH, MANANTHAVADY VILLAGE,MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.BHAMA G. NAIR SRI.V.K.MEETHIANKUNJU SRI.N.M.SIYAD RESPONDENT: RESPONDENT ------------------------- NUSAIBANU,AGED 36 YEARS,D/O.KADAMBATTIL ABUBACKER,KRISHNAPURAM,PARAPPURAM DESOM, OLLUKARA VILLAGE,THRISSUR TALUK,PIN:680655. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M. Application No.588 of 2011 in Mat.Appeal No.214 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2011 JUDGMENT Joseph J., This is an application to condone the delay of 26 days in filing the Mat.Appeal. The Mat. Appeal is filed against the orders passed by the Family Court. 2. An interlocutory application was filed by the appellant/petitioner to set aside the exparte order and to condone the delay of 4 years, 5 months and 9 days in filing the ex-pare order in O.P. No.1081 of 2002. Noting that the appellant was continously absent, the I.A. was dismissed for default. 3. We feel that we should not condone the delay in filing the appeal. We also take note of the fact that the appellant has other remedies. Mat.Appeal No.214 of 2011 :2: 4. Accordingly the application to condone the delay will stand dismissed, consequently the Mat.Appeal will also stand dismissed. This will be without prejudice to any other right available to the petitioner. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/