Kerala High Court
B.Ajayan vs Nil on 24 March, 2009
Bench: R.Basant, C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 63 of 2009()
1. B.AJAYAN, S/O.BABU, THUNDUVILAKAM,
... Petitioner
Vs
1. NIL
... Respondent
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :24/03/2009
O R D E R
R. BASANT & C.T. RAVIKUMAR, JJ.
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M.F.A. NO. 63 OF 2009
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Dated this the 24th day of March, 2009
JUDGMENT
Basant, J.
The appellant is the father of a minor child aged 4 years. The child has one-fourth right in an item of property. That fractional share is sought to be disposed of and for such disposal permission was sought. The learned II Additional District Judge, Thiruvananthapuram by the impugned order rejected the prayer. The learned Judge appears to have felt that the price offered to the minor for his share in the property is too meagre and inadequate and that it is not possible to conclude, on the basis of the available materials, that the transfer is in the best interest and welfare of the minor child.
2. Learned counsel for the appellant submits that the petitioner/appellant had no reason to anticipate the entertainment of such an impression in the mind of the court. If the learned Judge had conveyed the impression, it would have been possible for the appellant to make satisfactory materials available before the court below to instill the requisite satisfaction in the mind of the learned Judge that the proposed transfer is in the interest of the minor child and that the price offered is really competitive and the interest of the minor child will be well M.F.A. NO. 63/2009 2 protected by such sale. The learned counsel for the appellant, in these circumstances, prays that an opportunity may be granted to the appellant to adduce further materials before the court below to satisfy the learned Judge the need of transfer by sale and the fairness and adequacy of the price offered. We agree that the said request can be accepted.
3. This appeal is, in the circumstances, allowed in part. The impugned order is set aside. The court below is directed to dispose of the matter afresh in accordance with law, after giving the appellant an opportunity to adduce evidence and place all further materials before the learned Judge.
4. Hand over a copy of this judgment to the learned counsel for the appellant. The appellant shall appear before the learned Judge with a copy of this judgment on 6.4.2009. The learned Judge shall thereafter dispose of the case as expeditiously as possible, at any rate, within a period of three months from 6.4.2009.
(R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M.F.A. NO. 63/2009 3 R. BASANT & C.T. RAVIKUMAR, JJ.
M.F.A. NO. 63/2009 JUDGMENT 24th March, 2009