IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 MFA.No. 189 of 2011 - --------------------------- OP(G&W).352/2008 of DISTRICT COURT, THALASSERY .................... APPELLANTS/PETITIONERS: 1. MOONADATH RAHMATH BEEBI, D/O.KHADEEJA, AGED 53 YEARS, ELAYAVOOR AMSOM, MUNDAYAD DESOM, P.O.MUNDAYAD, KANNUR DISTRICT. 2. SIFANATH.M, D/O.MOONADATH RAHMATH BEEBI, AGED 31 YEARS, RESIDING AT FIDA MANZIL, AZHIKKAL AMSOM DESOM, P.O. AZHIKKAL, KANNUR DISTRICT. 3. P.HAMEED, S/O.ABDUL KHADER, AGED 62 YEARS, PARAYAN HOUSE, P.O.AZHIKKAL, KANNUR DISTRICT. 4. P.RAFEEQ, S/O.IBRAHIMKUTTY, AGED 41 YEARS, PARAYAN HOUSE, P.O.AZHIKODE. BY ADV. SRI.M.V.AMARESAN SRI.K.REGHUNATHAN RESPONDENT/RESPONDENT: RYHANATH.M, D/O.MOONADATH RAHMATH BEEBI, AGED 26 YEARS, RIZAS, P.O.AZHIKKAL, KANNUR DISTRICT, PIN-673 001. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. ------------------------------------------------------------- M.F.A.(G&W)No.189 of 2011 ------------------------------------------------------------- Dated this the 19th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. 1.This appeal arises from O.P.(G&W)No.352/2008 of the District Court, Thalassery. Petition was granted by the court below, however, on condition that petitioners 1 and 2, who are the appellants before us, shall deposit the sale consideration due to the minors in fixed deposit in any of the Nationalised Banks in their names within thirty days of the order and the Fixed Deposit receipts shall be produced before the court for safe custody within fifteen days thereafter. 2. Having perused the grounds raised, we had called for the Lower Court Records. We have perused the entire materials among the LCRs. Exhibit A2 is a purchase from one Poochadian Abdul Hameed. The vendees under that document MFA 189/2011 2 are the appellants, minors and others. We see that in paragraph 10 of the original petition, this aspect was specifically brought in by the pleadings with a request that there may not be any direction to deposit the share of the consideration for the minors when the sale proposed as per Exhibit A3 sale agreement takes place. The plea of the appellants was that the purchase was also for the benefit of the minors and the share that they would get as the consideration for the proposed sale already stands covered by that purchase. The court below ratified the sale that had taken place following the agreement for sale. 3.Having perused the materials on record, in particular Exhibit A2 and the affidavits of the parties, we are satisfied that sufficient cause has been shown to excuse petitioners 1 and 2 in O.P.(G&W)No.352/2008 of the court below from producing the Fixed Deposit receipts as directed in the penultimate sentence of the last paragraph of the impugned order dated MFA 189/2011 3 26.07.2010 issued by the court below. They are entitled to be so excused having regard to Exhibit A2 purchase. For the aforesaid reasons, this appeal is allowed to the extent of deleting the penultimate sentence of the last paragraph of the impugned order. Re-transmit the LCR to the court below with a copy of this judgment. (Thottathil B.Radhakrishnan, Judge) (C.T.Ravikumar, Judge) tkv.19/12.