High CourtsDivision Bench(2010) 10 KL CK 0151

Sreenath vs Roshna Mohanan

High Court Of Kerala · Decided on 26 October 2010

HON’BLE JUDGES
R. Basant, J · M.L. Joseph Francis, J
CASE NUMBER
Matrimonial Appeal. No. 269 of 2010 and C.M. Application No. 852 of 2010

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Judgment

4 paragraphs · 165 words

R. Basant, J.—The learned Counsel for the petitioner/appellant submits that the counsel has no instructions. The counsel is unable to state whether the matter has actually been settled. The counsel, in these circumstances, submits that appropriate orders may be passed.

2.

There is a delay of 287 days in filing the Matrimonial Appeal. A petition for restitution of conjugal rights stood dismissed and the appeal is directed against that order. The respondent has sent a telegram to convey that the matter has been settled at the Delhi High Court Mediation Centre, as per the directions issued by the Supreme Court. The counsel for the petitioner/appellant was requested to take instructions. It is at this juncture that the counsel reports that he has no instructions.

3.

We are satisfied that the petitioner/appellant is not interested in prosecuting the petition for condonation of delay and the Matrimonial Appeal.

4.

The petition for condonation of delay and the Matrimonial Appeal are, in these circumstances, dismissed for non prosecution.