G GOPAKUMAR Vs. SMITHA NAIR

JUDGEMENT

(1.) This appeal stands posted to this date for referring the parties to the Mediator. Both counsel had agreed that the parties shall appear before this Court for mediation today. Today, when the case is called, there is no representation for the appellant. The respondent is personally present. Her counsel is also present. There is no representation for the appellant. On the invitation of the Court, as agreed by both sides, the respondent has today come to Court. It is extremely irresponsible on the part of the appellant and his counsel not to appear today and not to make any representation. If the appellant could not appear for mediation today for any valid reason, he must have ensured that the respondent is informed Mat. Appeal No. 588 of 2010 -: 2 :- about such inability of his and the unnecessary vexation suffered by her to undertake a trip all the way to Ernakulam should have been avoided. We take it that the appellant is not interested in prosecuting this appeal.

(2.) When the case was called at 10.15 a.m. as Item No.1, there was no representation. At 12.35 p.m. the matter was called again. Even now, there is no representation. We record this fact to indicate the absence of interest on the part of the appellant to prosecute this appeal.

(3.) This appeal is, in these circumstances, dismissed for non-prosecution.