IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 MFA.No. 18 of 2009(B) --------------------- OPGW.285/2008 OF THE DISTRICT COURT,KOLLAM .................... APPELLANT(S): PETITIONER ------------------------ JAYASREE @ LEENA, W/O. LATE PRADEEP KUMAR @ PRADEEP, PUTHEN VEEDU, VADAKKUMKARA KIZHAKKEKARA CHERI, MAYYANAD VILLAGE, KOLLAM NOW RESIDING AT SIVAKRIPA, MUZHANGODI MURI, KALELIBHAGOM VILLAGE, THODIYOOR.P.O, KARUNAGAPALLY, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): --------------- 1. K. BABU, PUTHEN VEEDU, VADAKKUMKARA KIZHAKKEKARA CHERI, MAYYANAD VILLAGE, KOLLAM. 2. SHEELA, PUTHEN VEEDU, VADAKKUMKARA KIZHAKKEKARA CHERI, MAYYANAD VILLAGE, KOLLAM. 3. SASI, PUTHEN VEEDU, VADAKKUMKARA KIZHAKKEKARA CHERI, MAYYANAD VILLAGE, KOLLAM. ADV. SRI.V.PREMCHAND FOR R1 TO 3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ------------------------------------------------- M.F.A. (G & W) No.18 of 2009 ------------------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT Basant,J. The appellant is aggrieved by the order passed by the learned District Judge in an application filed under Secs.8 and 10 of the Guardian and Wards Act for permission to dispose of the share of her two minor children in an item of property which belonged originally to the deceased husband of the appellant herein. 2. According to the appellant, the property belonged originally to her deceased husband. On his death, the property devolved on the appellant herein, her two minor children and the mother of the deceased. The mother of the deceased expired and her rights devolved on her children. The other children had executed a release deed in favour of a M.F.A. (G & W) No.18 of 2009 -: 2 :- brother of the deceased – Prasad by name. The said Prasad had helped the appellant to discharge the liability created in favour of the bank with the property in question as security. In these circumstances, a decision has been taken to sell the property to the said Prasad and purchase another item of property near the parental house of the appellant in the name of the appellant and the two minors using the sale proceeds. 3. The learned District Judge by the impugned order rejected the application on the ground that the certificates to show that the children of the appellant are minors have not been produced. 4. The learned counsel for the appellant submits that the birth certificates of the minors are now available and the copies thereof have been produced before this Court. The appellant is prepared to produce the original certificates before the court below. Appropriate directions may be issued for fresh disposal. 5. We have considered the question whether the matter can be disposed of by this Court. It is seen that the question whether the sale is in the interests of the minors and such sale would cater to their welfare has not been considered by the learned District Judge. We are, in these circumstances, satisfied that the appropriate and ideal course to be followed will be to set M.F.A. (G & W) No.18 of 2009 -: 3 :- aside the impugned order and direct the learned District Judge to dispose of the matter within a stipulated period of time after giving the appellant an opportunity to produce further evidence including the birth certificates, copies of which having placed before this Court. 6. In the result: (a) This appeal is allowed. (b) The impugned order is set aside. (c) The learned District Judge is directed to dispose of the matter afresh after giving the appellant an opportunity to adduce further evidence. 7. Hand over a copy of this judgment to the learned counsel for the appellant. The appellant shall appear before the court below on 26/2/2009. The learned District Judge shall dispose of the case as expeditiously as possible – at any rate, within a period of 3 weeks from 26/2/09. Compliance shall be reported to this Court. R. BASANT (Judge) Nan/ C.T. RAVIKUMAR (Judge) M.F.A. (G & W) No.18 of 2009 -: 4 :- M.F.A. (G & W) No.18 of 2009 -: 5 :-