High Court Kerala High Court

Joseph Rapheal @ Benny vs Shiji Francis on 26 November, 2009

Kerala High Court
Joseph Rapheal @ Benny vs Shiji Francis on 26 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 228 of 2007()


1. JOSEPH RAPHEAL @ BENNY, S/O.LATE RAPHEAL
                      ...  Petitioner

                        Vs



1. SHIJI FRANCIS, D/O. FRANICS,
                       ...       Respondent

                For Petitioner  :SRI.M.SHAJU PURUSHOTHAMAN

                For Respondent  :SRI.C.P.PEETHAMBARAN

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

 Dated :26/11/2009

 O R D E R

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

————————————————–

C.M.Application No.813 OF 2007
&
Mat.Appeal No.228 OF 2007

—————————————————–

DATED THIS THE 26th DAY OF NOVEMBER, 2009

O R D E R /J U D G M E N T

Basant, J.

The learned counsel for the appellant submits that he has

no instructions. The learned counsel for the respondent asserts

that the decree has already been satisfied and there is no

necessity for the continuance of this Mat.Appeal. We accept the

submission of the learned counsel for the respondent which is not

controverted by the learned counsel for the appellant that he has

no instructions. It is evident that the appellant is not interested

in prosecuting this appeal. The application for condonation of

delay as also the appeal are hence dismissed for non-prosecution.

R.BASANT, JUDGE.

M.C.HARI RANI, JUDGE.

dsn