IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Mat.Appeal.No. 277 of 2007() ---------------------------- AGAINST THE ORDER DATED 12/04/2007 IN IA.58/2007 IN OP.1616/2006 of FAMILY COURT,ERNAKULAM .................... PETITIONER: APPELLANT ---------------------------- K.M.HAMEED, S/O.M.K.MOHAMMED, C.C.XVI/1851, PATEL MARKET ROAD, THOPPUMPADY (PO), KOCHI-5. BY ADV. SRI.C.KHALID SRI.R.O.MUHAMED SHEMEEM RESPONDENT(S): PETITIONER,2ND AND 3RD RESPONDENT ------------------------------------------------ 1. MOHAMMED ZAKARIA, AGED 52 YEARS, S/O.KATTUPARAMBIL ABDULRAHIM, FATHIMA MANZIL, MUDICKAL POST, PERUMBAVOOR. 2. M.K.SHAKKEELA, AGED 45 YEARS, D/O KAJA HUSSAIN, MUTHALPAR HOUSE, K.K.ROAD, NEAR TRANSPORT BUS STAND, CHALAKKUDY- 680 307. 3. RINU, S/O.A.A.ABDUL RAHIM, ANANTHAKKATTUPARAMBIL, VAZHY AMBALAM JUNCTION, NEAR DEVA SURVA, FURNITURE SHOP, KODAKARA (PO), THRISSUR DISTRICT. ADV. SMT.K.V.BHADRA KUMARI FOR R.1 THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C.HARI RANI, JJ. ------------------------------------- C.M.Application No.1044 OF 2007 & Mat.Appeal No.277 of 2007 --------------------------------- Dated this the 20th day of May, 2010 ORDER/JUDGMENT Basant, J. This appeal filed in 2007 remains in the defect list even now for the reason that steps are not being taken to issue notice to respondents 2 and 3 in spite of specific directions issued on 18.11.2009. There is no representation for the appellant. The learned counsel for the 1st respondent submits that the appeal is actually not maintainable. 2. Be that as it may, we are satisfied that the appellant is not interested in prosecuting this appeal. That inference appears to be irresistible from the conduct of the appellant. The application for condonation of delay and the appeal are in these circumstances dismissed for non-prosecution. R. BASANT, JUDGE. M.C. HARI RANI, JUDGE. dsn -2- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.Application No.1044 OF 2007 & Mat.Appeal No. 277 OF 2007 ----------------------------------------------------- DATED THIS THE 18th DAY OF NOVEMBER, 2009 O R D E R Basant, J. Service is not complete. Respondents 2 and 3 have not been served. Notice issued to them returned with the endorsement “not residing in the address”. The learned counsel for the appellant prays. Take all necessary steps to issue notice both in the application for condonation of delay and in the Mat.Appeal, in correct address, in 10 days. If steps are taken, issue notice and put up after service is complete. If steps are not taken, call after 10 days for final disposal. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn