Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, MFA (G & W) NO. 6 OF 2023 AGAINST THE ORDER DATED 06.11.2023 IN GOP 60/2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, KOLLAM/ V ADDL.MACT APPELLANT(S)/PETITIONER: AMBILI MERARD, AGED 47 YEARS, W/O. BIJU JOHN, RESIDING AT LORAS RESIDENCY, KAVANAD.P.O, KOLLAM FROM PRASANTHAM, THEVALAKKARA,KOYIVILA,KOLLAM, PIN - 690 524. BY ADVS. JOHNSON GOMEZ SANJITH JOHNSON SANJAY JOHNSON JOHN GOMEZ ARUN JOHNY DEEBU R. ABIN JACOB MATHEW RESPONDENT(S): NIL NIL THIS MFA (G & W) HAVING COME UP FOR ADMISSION ON 04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMIT RAWAL & C.S.SUDHA, JJ. ------------------------------------------------------- ---------------------------------------------------- Dated this the 04th day of December, 2023
JUDGMENT
Amit Rawal, J.
The present appeal has been filed on behalf of the mother against the
order of the trial court dated 06/11/2023 passed in G.O.P.No.60/2023
whereby the aforementioned GOP claiming the permission of the trial court to mortgage the 2/9th share of the minor daughter has been allowed with a condition of deposit of ₹10,00,000/- as fixed deposit.
2. Learned counsel appearing on behalf of the petitioner
submitted that the property aforementioned is owned by mother and three other children two are major, studying for MBBS and M.Tech and the third one is minor. Husband unfortunately died on 13/08/2020. It is very difficult to make both ends meet and manage the expenses of medical college as well as engineering college. It is on that ground sought indulgence of the trial Court for mortgaging the property and not to sell, thus, the condition imposed for a deposit of ₹10,00,000/- is too onerous.
3. We have heard counsel for the appellant and appraised the paper book.
4. The operative part of the impugned order reads as follows:-
“a) The petitioner shall deposit an amount of ₹10,00,000/- in the name of minor Anita B. Merin in a Nationalized bank till the minor attains the age of b) The Fixed Deposit Receipt so produced will be released to the minor as and when she attains the age of c) There is no order as to costs.”
5. On perusal of the contents of the prayer in the application, it is
discerned that there is no such prayer for selling the property except for mortgaging. By imposing the condition, the trial court did not notice the prayer, there would have been some force if the property was to be sold. For the reason aforementioned we accept the prayer and delete the condition of deposit of 10,00,000/- as ordered by the trial court. However, we clarify that after getting a charge on the property by way of mortgage, a certified/registered copy of the mortgage will be deposited in the trial court for perusal and appreciation. Appeal stands disposed off. AMIT RAWAL C.S.SUDHA ak APPENDIX OF MFA (G & W) 6/2023 PETITIONER ANNEXURES:- Annexure A1 CERTIFIED COPY OF THE JUDGEMENT DATED 19TH DAY OF SEPTEMBER, 2023 IN OP(C) NO. Annexure A2 A CERTIFIED COPY OF THE ORDER DATED 6TH NOVEMBER 2023 IN GOP NO 60/2023 PASSED BY ADDITIONAL DISTRICT AND SESSIONS COURT VI, KOLLAM. Annexure A3 THE ORIGINAL PLAN DENOTING THE SHARE ALLOTTED TO THE MINOR WARD. Annexure A4 THE ORIGINAL DRAFT PARTITION DEED FOR PARTITIONING SALE DEED NO. 11/1998 OF SASTHAMKOTTA SRO. Annexure A5 THE ORIGINAL VALUATION REPORT NO. CNRAMKR492/2022 DATED 27/11/2023 ISSUED BY M.K. RAJU, BSE (ENGG) MIE, FIV CHARTERED ENGINEER.