IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 68 of 2008()
1. AUGUSTUS CEASER, S/O.JOSEPH KALLUMMOODAN
... Petitioner
Vs
1. RANI AUGUSTUS CEASER, D/O.YESUDAS,
... Respondent
For Petitioner :SRI.T.M.RAMAN KARTHA
For Respondent :SMT.SADHANA KUMARI ESWARI
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :04/11/2009
O R D E R
R. BASANT &
M.C. HARI RANI, JJ.
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C.M.Appl. No.194 of 2008 &
Mat. Appeal No. 68 of 2008
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Dated this the 4th day of November, 2009
JUDGMENT & ORDER
Basant,J.
This petition is to condone the delay of 224 days in filing
a Mat. Appeal. The appeal is directed against an ex parte
decree granting divorce at the instance of the respondent/wife.
It is prayed that the delay of 224 days may be condoned.
2. The challenge is against the ex parte decree on merits.
As there is no challenge on the part of the appellant against
the ex parte evidence available, the impugned order appears to
be unassailable on merits. The learned counsel was requested
to explain why the appellant had not approached the Family
Court to get the ex parte order set aside. No valid reasons are
advanced to explain such conduct on the part of the appellant.
C.M.Appl. No.194 of 2008 &
Mat. Appeal No. 68 of 2008
-: 2 :-
We are satisfied, in these circumstances, that this petition for
condonation of delay is without any merit. Having not
approached the Family Court to get the ex parte order set aside
and the appellant not having shown satisfactory reasons for
condonation of delay, we are satisfied that this application for
condonation of delay only deserves to be dismissed.
3. In the result, this petition is dismissed. Consequently,
the appeal shall stand rejected as barred by limitation.
Sd/-
R. BASANT
(Judge)
Sd/-
M.C. HARI RANI
(Judge)
Nan/
//True Copy//
P.S. to Judge