IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 MFA.No. 6 of 2008(A) --------------------------- OP.(GUARDIAN) 59/2007 OF ADDL. DISTRICT COURT, N.PARAVUR .................................... APPELLANT: PETITIONERS: ---------------------------------------- 1. VINEETHA, AGED 36, W/O.LATE PRASANNAN, PICHALAKATUVEETIL, MUNNOORPILLY DESOM, KARUKUTTY VILLAGE, ALUVA TALUK. 2. SWANAM, MINOR, S/O.1ST PETITIONER, REP. BY THE MOTHER NEXT FRIEND AND GUARDIAN, VINEETHA, W/O.LATE PRASANNAN, PICHALAKATUVEETIL, MUNNOORPILLY DESOM, KARUKUTTY VILLAGE, ALUVA TALUK 3. SWETHA, D/O.1ST PETITIONER, REP. BY THE MOTHER NEXT FRIEND AND GUARDIAN, VINEETHA, W/O.LATE PRASANNAN, PICHALAKATUVEETIL, MUNNOORPILLY DESOM, KARUKUTTY VILLAGE, ALUVA TALUK 4. PARUKUTTY, AGED 80, W/O.SIVASANKARAN PILLAI, PICHALAKATUVEETIL, MUNNOORPILLY DESOM, KARUKUTTY VILLAGE, ALUVA TALUK BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ---------------------- NIL BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.(G&W)No.6 OF 2008 ------------------------------------- Dated 4th February, 2008 JUDGMENT Koshy,J . The original petition was filed by the appellants for appointing first appellant mother of the minor children (appellants 2 and 3) for getting permission to sell the minors' 1/4th right each over the petition schedule property. Minors were aged 15 and 10 respectively. Petition schedule property consists 7.465 cents of land and a small building. There was an agreement to sell the property to one Paulose for an amount of Rs.80,000/=. That is for purchasing another five cents of property near the house of the first petitioner's brother for an amount of Rs.1,50,000/=. Ext.A1 is the agreement executed by one Paulose. Ext.A6 is the agreement to purchase five cents of property. It is submitted that Village Officer valued the property at about Rs.7,000/= per cent. A building is there with two rooms and a kitchen. The building was constructed 16 years ago. The valuation seems to be reasonable. One has to pass through bund to reach the house and after death of the head of the family, they faced isolation. It is submitted that they want to MFA(G&W).6/2008 2 purchase the property in the names of minors itself as it is a more convenient place near their relatives. It will be in the interest of the minors. In these circumstances, minors' interests are protected as property is being purchased in their names. We allow this appeal and permission is granted to sell the rights of the minors over the petition schedule property on condition that appellants shall produce the sale deed with regard to the property proposed in Ext.A6 agreement witin two months from today before the court below. J.B.KOSHY JUDGE K.HEMA JUDGE tks