IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 MFA.No. 166 of 2008() --------------------- GOP.399/2007 of ADDL.DISTRICT COURT, THRISSUR .................... APPELLANT(S): -------------- KHADEEJA, AGED 44 YEARS,D/O.KARUPPAM VEETTIL ABDHUTTY, NATTIKA VILLAGE, DESOM, CHAVAKKAD TALUK. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------- KADHEEJA, AGED 55 YEARS, D/O.KAVUNGAL MUHAMMED, PUTHIYANGADI, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK MINOR : JASEELA, 9 YEARS, D/O. LATE KAVUNGHAL HYDROSS, NATTIKA VILLAGE, DESOM, CHAVAKKAD TALUK. ADV. SRI.RANJIT BABU FOR R1-2 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. * * * * * * * * * * * * * * * * * * M.F.A.No.166 of 2008 ---------------------------------------- Dated this the 13th day of February 2009 J U D G M E N T R.BASANT,J The appellant is the petitioner in an application under Section 20 and 31 under the Guardian and Wards Act. The appellant had filed that application for permission for sale of the interest of her minor child in an item of joint property. The property belonged originally to the deceased husband of the appellant. On his death, his wife and children allegedly inherited his rights. The prayer was for permission to sell the fractional interest of the minor child in the property along with the interest of the appellant as also two other children of the sponsor (i.e. deceased and the appellant) who had become major before the date of the application. 2. When the matter came up before the learned Additional District Judge, the learned Judge took note of the fact that there was no material to show the extent of interest of the minor over the property. The learned Judge felt that in the absence of evidence about the death of the father of the M.F.A.No.166/2008 2 deceased, it is not possible to ascertain the extent of interest of the minor in the property. It was for this sole reason that the petition was dismissed as per the impugned order. 3. The learned counsel for the appellant submits that no one had disputed the fact that the parents of the deceased were no more on the date of death of the deceased. In such circumstances, it was not felt necessary to place any material before the court on that aspect. Moreover, the 1st respondent, who is none other than the sister of the deceased, had entered appearance and she had raised no objections. It was only in these circumstances that there was omission to place material before the learned Judge to show that the parents of the deceased were no more. Before this court, in I.A.No.500/09, materials have been produced to suggest that both parents of the deceased were no more on the date of his death. 4. We are satisfied that the impugned order does warrant interference, in these circumstances. But materials have not been placed before the court below to satisfy the court that the transaction was in the interests of the minor child. No indications are available to suggest that the price offered is fair and reasonable. We are satisfied, in these circumstances, that it M.F.A.No.166/2008 3 will only be appropriate to set aside the impugned order and direct the court below to dispose of the matter expeditiously. 5. In the result, a) This M.F.A is allowed. b) The impugned order is set aside. c) The court below is directed to dispose of the matter afresh after giving the parties opportunity to adduce all further evidence which they may choose to place before the court. To avoid any unnecessary further delay, the parties are directed to appear before the court below on 10/03/2009. 6. There shall be a further direction to the learned Judge to dispose of the matter as expeditiously as possible, at any rate, before the courts close for mid summer days of 2009. Hand over copy of this order to the learned counsel for the petitioner. Communicate copy of this judgment to the court below forthwith. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, JUDGE) jsr M.F.A.No.166/2008 4 M.F.A.No.166/2008 5 R.BASANT & P.R.RAMACHANDRA MENON, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009