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.
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F.A.O. No. 88 of 2007
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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.