Matrimonial appeal filed for condonation of delay dismissed for default due to non-proceeding of the delay petition notice despite a six-year pendency.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940
Mat.Appeal.No. 502 of 2012
AGAINST THE ORDER/JUDGMENT IN OP 814/2010 of FAMILY COURT, MALAPPURAM DATED 28-05-2012
APPELLANT(S)/APPELLANTS:-
1 SANTHIKRISHNA, AGED 23 YEARS, D.O.RADHAKRISHNAN, VALLIYAPURAKKAL HOUSE, AMBALAPPADI, MAKKARAPARAMBA AMSOM DESOM, MAKKARAPARAMBA POST, PERINTHALMANNA TALUK.
2 NIYA, AGED 1 ½ YEARS, D/O.N.A.SATHEESH KUMAR, VALLIYAPURAKKAL HOUSE, AMBALAPPADI, MAKKARAPARAMBA AMSOM DESOM, MAKKARAPARAMBA POST, PERINTHALMANNA TALUK. (MINOR REPRESENTED BY GUARDIAN MOTHER THE FIRST APPELLANT).
BY ADVS.SRI.DEVAPRASANTH.P.J. SRI.P.HARIKUMAR (MALAPPURAM)
RESPONDENT(S)/RESPONDENTS:-:
1. N. SATHEESH KUMAR, AGED 30 YEARS, S/O.NECHOLI KARAPPAN.
2. KARTHYAYINI AMMA, AGED 75 YEARS, W/O.NECHOLI KARAPPAN.
3. BINDU, AGED 30 YEARS, W/O.NECHOLI JAYARAJAN.
ALL ARE RESIDING AT:- NECHOLI HOUSE, PANAKKAD AMSOM DESOM, HAJIYARPPALLI, KUNNUMMAL, ERNAD TALUK, MALAPPURAM DISTRICT – 676 505..
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 25-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMV
A.M.SHAFFIQUE
&
P.SOMARAJAN, JJ.
.....................................
MAT Appeal No. 502 of 2012
&
C.M.Appl.No.1981 of 2012
.......................................
Dated this the 25th day of July, 2018
JUDGMENT
SHAFFIQUE, J
This appeal has been filed with a petition to condone delay in filing the appeal. Notice was ordered in the delay petition as early as on 21.08.2012 but so far process has not been filed.
this Court, we do not think it necessary to give further opportunity to take steps in the matter.
The C.M.Application is dismissed for default. Consequently, the appeal is also dismissed.
A.M.SHAFFIQUE, JUDGE
sd/-
P.SOMARAJAN, JUDGE
AMV/25/07/2018
/TRUE COPY/
P.A.TO JUDGE
1 issue framed by the court
Whether the appeal filed for condonation of delay can be admitted after six years of pending.
Santhikrishna & Ors.
N. Satheesh Kumar & Ors.
A.M. Shaffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
