High Court Kerala High Court

Sajan vs Treesa Rocky on 29 July, 2009

Kerala High Court
Sajan vs Treesa Rocky on 29 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 88 of 2007()


1. SAJAN, AGED 44 YEARS, S/O.VARGHESE,
                      ...  Petitioner

                        Vs



1. TREESA ROCKY, W/O.ROCKY,
                       ...       Respondent

2. S.B.T.MATTANCHERRY, MATTANCHERRY,

3. JOSEPH @ JOSEPH BAPPU, S/O.JOSEPH,

4. VARGHESE, S/O.KOCHAPPU, LIC AGENT,

5. LYSAMMA, D/O.JOSEPH, RESIDING AT

6. VALSAMMA, D/O.JOSEPH,

7. SUBRAMANIAN, S/O.THAMPI,

8. SYLAJA KUMARI, W/O.SUBRAMANIAN,

9. MILDRES FERNANDEZ, W/O.CLOUDY FERNANDEZ,

10. SEBASTIAN, S/O.ANTONY,

11. JILIE, AGED 38 YEARS, W/O.DIANOSIAN,

                For Petitioner  :SRI.S.VINOD BHAT

                For Respondent  :SRI.V.L.SHENOY

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :29/07/2009

 O R D E R
              P.R.RAMAN & P.BHAVADASAN, JJ.

                    -------------------------------

                       F.A.O. No. 88 of 2007

                    -------------------------------

                  Dated this the 29th July, 2009

                          J U D G M E N T

Bhavadasan, J.

This appeal arises out of an order declining to grant

relief of reservation and allocation claimed on equitable

principles. In the light of the finding in R.S.A.No.771 of 2003,

the court below has to consider whether 7.5 cents of land sold in

favour of the appellant, who is the 3rd petitioner before the court

below, could be reserved by allotting it to the share of Joseph or

his legal heirs in final decree proceedings. Accordingly, this

appeal is allowed. Matter is remanded to the court below for

reconsideration of the issue relating to the reservation and

allotment claimed by the appellant only, who is the 3rd petitioner

before the court. In other respects, the order of the court below

is confirmed.

P.R.RAMAN, JUDGE

P.BHAVADASAN , JUDGE.

nj.