High Court Kerala High Court

Manoj Alias Rakesh vs Bindu on 17 August, 2009

Kerala High Court
Manoj Alias Rakesh vs Bindu on 17 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 289 of 2006()


1. MANOJ ALIAS RAKESH,
                      ...  Petitioner

                        Vs



1. BINDU, D/O.SIVARAMAN,
                       ...       Respondent

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  : No Appearance

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

 Dated :17/08/2009

 O R D E R

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

————————————————-

C.M.Appl.No.1812 of 2006 &
Mat. Appeal No. 289 of 2006

————————————————-
Dated this the 17th day of August, 2009

ORDER/JUDGMENT

Basant,J.

This appeal filed on 19/1/04 remains even now and the

last order is seen passed on 11/10/06. Re-presentation delay

was condoned and the appeal was directed to be numbered on

4/4/05. Thereafter, no orders have been passed.

2. Today, when the matter came up for admission, there

is no representation for the appellant. The challenge is

against a decree for divorce and it appears to us to be evident

that the appellant/petitioner is not now interested in

prosecuting this appeal. The impugned order granting divorce

has been passed as early as on 28/3/03.

3. The petition for condonation of delay of 65 days is, in

C.M.Appl.No.1812 of 2006 &
Mat. Appeal No. 289 of 2006 ]
-: 2 :-

these circumstances, dismissed as not prosecuted.

4. Consequently, Mat.Appeal No.289/06 shall stand

dismissed as barred by limitation.

Sd/-

R. BASANT
(Judge)

Sd/-

M.C. HARI RANI
(Judge)

Nan/

//True Copy//

P.S. to Judge

C.M.Appl.No.1812 of 2006 &
Mat. Appeal No. 289 of 2006 ]
-: 3 :-