IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 Mat.Appeal.No. 958 of 2009(E) ---------------------------- OP(HMA) 530/07 OF FAMILY COURT, THIRUVALLA APPELLANT : PETITIONER ------------------------ BALBEER SINGH, AGED 33 YEARS, S/O.PURUSHOTHAMA SINGH, PULLOLIL VEEDU, KOCHUKULAM KARAYIL KARAYIL, ATHIKKAYAM VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENT : RESPONDENT ------------------------- E.V.SMITHA, AGED 25 YEARS, D/O.VIJAYAN, EDAKKUNNATHU VEEDU, PONNAMPARA KARA, ATHIKKAYAM VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT. ADV. SRI.P.VIJAYAKUMAR THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** C.M.Appl.No.3575 of 2009 & Mat.Appeal No.958 of 2009 ***************************** Dated this the 12th day of October, 2010 ORDER/JUDGMENT BASANT, J. The learned counsel for the petitioner/appellant submits that on account of an error/mistake on the part of the appellant, this appeal and the petition for condonation of delay have been filed by th appellant. The same impugned order is already challenged by the very same appellant and that appeal is pending before this Court as Mat.Appeal No.757 of 2008. It is, in these circumstances, prayed that this petition for condonation of delay and the Mat.Appeal may be dismissed as unnecessary. 2. We take note of the submissions of the counsel. Evidently and obviously, an error has crept. We are satisfied that a lenient view can be taken and the request can be accepted. 3. The petition for condonation of delay and the Matrimonial Appeal are both dismissed as not pressed in the circumstances narrated above. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ 2