IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 OP(C).No. 3656 of 2011(O) ----------------------------------- G.O.P.48/2010 OF THE COURT OF DISTRICT JUDGE, PALAKKAD ...................................................................................................................... PETITIONERS : ---------------------- 1. SARADHA, AGED 45 YEARS, W/O.LATE VIDHYASAGAR, KANNATHKUNDIL HOUSE, ALANGAD P.O, KATAMBAZHIPPURAM NO.1 VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. VAISHNAVI, AGED 13 YEARS, D/O.LATE VIDHYASAGAR, KANNATHKUNDIL HOUSE, ALANGAD PO, KATAMBAZHIPPURAM NO.1 VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT MINOR REPRESENTED BY MOTHER AND NEXT FRIEND IST PETITIONER. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS : ------------------------ 1. DIVAKARAN, AGED 65 YEARS, S/O.LATE VELAPPAN, KANNATHUKUNDIL HOUSE, ALANGAD P.O., KATAMBAZHIPPURAM NO.1 VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT - 678 633. 2. NALINAYADAKSHAN, AGED 61 YEARS, S/O.LATE VELAPPAN, KANNATHUKUNDIL HOUSE, ALANGAD PO, KATAMBAZHIPPURAM NO.1 VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT - 678 633. 3. VAISHAG, AGED 20 YEARS, S/O.LATE VIDHYASAGAR, KANNATHUKUNDIL HOUSE, ALANGAD PO, KATAMBAZHIPPURAM NO.1 VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT - 678 633. R1 TO R3 BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- OP(C).No. 3656 of 2011(O) APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE I.A NO.607/2010 IN G.O.P NO.48/2010 OF THE COURT OF THE DISTRICT JUDGE OF PALAKKAD. P2 : COPY OF THE ORDER DATED 25/7/2010 IN I.A NO.607/2010 IN G.O.P NO.48/2010 OF THE COURT OF THE DISTRICT JUDGE OF PALAKKAD. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3656 of 2011 --------------------------------------- Dated this 21st day of December, 2011 JUDGMENT Respondents appear through counsel. 2. This original petition is in challenge of Ext.P2, order dated 25.07.2010 of the Court of learned District Judge, Palakkad on Ext.P1, application (I.A.No.607 of 2010). 3. Learned District Judge, in O.P(G&W).No.48 of 2010 by order dated 30.10.2010 permitted the 1st petitioner to sell the share of the minor - 2nd petitioner in the 25 cents mentioned in petition B schedule pursuant to Ext.A5, agreement for sale. Ext.A5, agreement was to sell the 25 cents for a total sale consideration of `.1150,000/-. The minor - 2nd petitioner (daughter of 1st petitioner) has 1/3rd share in the said property. Later, petitioners filed Ext.P1, application contending that on the ground that sale consideration fixed as per Ext.A5, agreement is excessive and land value per cent is only Rs.4,000/- the proposed purchaser has backtracked from Ext-A5, agreement and hence petitioners may be permitted to sell 20 cents out of petition B schedule for `.3,50,000/-. That application was dismissed by the learned District Judge by Ext.P2, order on the ground that O.P(C).No.3656 of 2011 -: 2 :- Ext.A5, agreement says that there is a RCC building and two shop rooms situated in the property proposed to be sold and that sale for consideration as stated in Ext.P1, application will cause prejudice to the minor-2nd petitioner. The said order is under challenge. 4. Learned counsel for petitioners has asserted the circumstances under which Ext.P1, application was preferred and the pressing need of petitioners to dispose of 20 cents out of petition B schedule including the share of the second petitioner. Learned counsel has offered that first petitioner is prepared to deposit 1/3rd share of second petitioner in the sum of `.11,50,000/-, the sale consideration mentioned in Ext.A5, agreement. Learned counsel submits that such a deposit would protect the interest of second petitioner-minor. 5. I have heard learned counsel for respondents also. Respondents have no objection if 1/3rd of `.11,50,000/- is deposited as share of minor-2nd petitioner in consideration of sale of the share of the minor in the 20 cents. 6. Having heard counsel on both sides I am inclined to accept the suggestion made by learned counsel for petitioners. O.P(C).No.3656 of 2011 -: 3 :- Resultantly this original petition is allowed as follows: (i) Ext.P2, order is set aside. (ii) I.A.No.607 of 2010 in O.P(G&W).No.48 of 2010 will stand allowed subject to the condition that first petitioner deposits `.3,83,333/- (Rupees Three Lakh Eighty Three Thousand Three Hundred and Thirty Three Only) being 1/3 of the total sale consideration mentioned in Ext.A5 in the name of the second petitioner/minor in a nationalised bank of the choice of first petitioner till the minor-2nd petitioner attains majority and the FD receipt is produced before the learned District Judge along with the draft sale deed (seeking approval). The FD receipt shall be kept in the safe custody of learned District Judge, Palakkad.The draft sale deed and FD receipt shall be produced within two months from this day. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-