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