Sheela v. Nil
Case brief
What is this about?
High Court under Article 227 upheld the High Court's power to revisit the trial court's dismissal of an application to sell an orphan minor's property distant from the guardian's residence to purchase a nearer one, reasoning that the welfare of the minor requires fresh consideration by the trial court.
What did the court decide?
Impugned order set aside, I.A. restored to trial court file, petitioner allowed to file additional affidavits, matter remanded to trial court for fresh hearing within six weeks.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
OP(C).No. 626 of 2018
I.A.179/2018 IN O.P.(G7W)NO.153/2017 OF ADDITIONAL DISTRICT COURT-IV, THIRUVANANATHAPURAM.
PETITIONER(S)/PETITIONERS/PETITIONERS:
- 1 SHEELA, W/O.MURALEEDHARAN NAIR, AGED 46 YEARS, RESIDING AT RAJIL NIVAS, GOPURATHINKALA, KARUPPUR PO, KARUPPUR VILLAGE, NEDUMANGAD, THIRUVANANATHAPURAM.
- 2 ASWANTH P.M., S/O.LATE MOLY S, AGED 14 YEARS, RAJIL NIVAS, GOPURATHINKALA, KARUPPUR PO, KARUPPUR VILLAGE, NEDUMANGAD, THIRUVANANATHAPURAM MINOR REPRESENTED BY ITS GUARDIAN SHEELA (1ST PETITIONER)
BY ADV.SRI.S.JUSTUS
RESPONDENT/RESPONDENT/RESPONDENT:
Issues for consideration
3 issues framed by the court
Whether the lower court erred in dismissing the application to sell minor's property and purchase another in her best interest.
Whether the trial court's finding that both properties were in the same village was erroneous.
Whether the sale of property distant from residence violates the welfare of the minor.
Parties & counsel
- petitioner
Sheela
- petitioner
Aswanth P.M.
Coram
Alexander Thomas
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court