High Court Kerala High Court

Aboobacker vs Soudha on 1 October, 2009

Kerala High Court
Aboobacker vs Soudha on 1 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 509 of 2009()



1. ABOOBACKER
                      ...  Petitioner

                        Vs

1. SOUDHA
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :01/10/2009

 O R D E R

R.BASANT & M.C.HARI RANI, JJ.

————————————
C.M.Appl.No.1722 of 2009 &
Mat.Appeal No.509 of 2009

————————————-
Dated this the 1st day of October, 2009

ORDER/JUDGMENT

BASANT, J.

This application is to condone the delay of 391 days in filing a

matrimonial appeal. The appeal in turn is directed against an exparte

order directing payment of an amount of Rs.1,84,000/- along with

interest and cost. To a pointed query by this Court, the learned

counsel for the petitioner submitted that an application to set aside

the exparte order was filed and the same has already been dismissed.

That order remains unchallenged. The learned counsel for the

respondent submits that he has no instructions from the respondent

and the respondent has not produced before him a copy of the order

dismissing the application to set aside the exparte order. We do, in

these circumstances, take the view that the long delay of 391 days in

filing the Matrimonial Appeal is not validly explained. The delay does

not deserve to be condoned. C.M.Appl.No.1722 of 2009 for

condonation of delay is hence dismissed. Consequently the

Mat.Appeal No.509 of 2009 shall stand rejected as barred by

limitation.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)

rtr/-