IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 FAO.No. 88 of 2007() -------------------- AGAINST THE ORDER DATED 30/08/2006 IN IA.896/2004 IN OS.18/1989 of ADDL.SUB COURT, KOCHI .................... PETITIONER- NO.3 IN THE LOWER COURT: ---------------- SAJAN, AGED 44 YEARS, S/O.VARGHESE, MAZHUVANCHERRY HOUSE, C.C.NO.18/2234, KONOTH PARAMBU, PALLURUTHY NORTH MURI, KOCHI-5. BY ADV. SRI.S.VINOD BHAT RESPONDENT(S): RESPONDENTS: -------------------- 1. TREESA ROCKY, W/O.ROCKY, RETIRED TEACHER, RESIDING AT 55, VIVEKANANDA SOCIETY, MARKAPURZ ROAD, BARODA, GUJARATH. 2. S.B.T.MATTANCHERRY, MATTANCHERRY, KOCHI-2. 3. JOSEPH @ JOSEPH BAPPU, S/O.JOSEPH, PUNNAKKATTUSSERRY HOUSE, PALLURUTHY, KOCHI TALUK. 4. VARGHESE, S/O.KOCHAPPU, LIC AGENT, VADASSERY HOUSE, PALLURUTHY. 5. LYSAMMA, D/O.JOSEPH, RESIDING AT KOLLAPARAMBIL HOUSE, THOPPUMPADY, KOCHI-5. 6. VALSAMMA, D/O.JOSEPH, KOLLAPARAMBIL HOUSE, THOPPUMPADY, KOCHI-5. F.A.O.88 of 2007 : 2 : 7. SUBRAMANIAN, S/O.THAMPI, C.C16/115, PALLURUTHY, KOCHI-5. 8. SYLAJA KUMARI, W/O.SUBRAMANIAN, C.C.NO.18/115, PALLURUTHY, KOCHI-6. 9. MILDRES FERNANDEZ, W/O.CLOUDY FERNANDEZ, C.C.NO.18/2420, PALLURUTHY NORTH MURI, KOCHI-5. 10. SEBASTIAN, S/O.ANTONY, KADAMBUKKAT HOUSE, P.C.ROAD, THOPPUMPADY, KOCHI-5 11. JILIE, AGED 38 YEARS, W/O.DIANOSIAN, ASSISSI ROAD, ALUVA, (DIANOSIAN, 4TH RESPONDENT IN LOWER COURT DIED DURING THE PENDENCY OF THE SAID APPLICATION. JULIE IS THE SOLE SURVIVING LEGAL REPRESENTATIVE) ADV. SRI.V.L.SHENOY FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- F.A.O. No. 88 of 2007 ------------------------------- Dated this the 29th July, 2009 J U D G M E N T Bhavadasan, J. This appeal arises out of an order declining to grant relief of reservation and allocation claimed on equitable principles. In the light of the finding in R.S.A.No.771 of 2003, the court below has to consider whether 7.5 cents of land sold in favour of the appellant, who is the 3rd petitioner before the court below, could be reserved by allotting it to the share of Joseph or his legal heirs in final decree proceedings. Accordingly, this appeal is allowed. Matter is remanded to the court below for reconsideration of the issue relating to the reservation and allotment claimed by the appellant only, who is the 3rd petitioner before the court. In other respects, the order of the court below is confirmed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.