HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 656 of 2014 Dated: 20.11.2014 Between:
Alle Manjula Vs.
To whomsoever it is concerned.
… Appellant … Respondent HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 656 of 2014 JUDGMENT: (Per Hon’ble Sri Justice MSK Jaiswal) This appeal is directed against the orders of the Principal District Judge, Mahabubnagar in GWOP No.24 of 2013, dt. 22.01.2014 by and under which the request of the appellant/petitioner to alienate the schedule property standing in the name of the minor son was disallowed.
2. The brief facts are that Alle Srikanth is the minor son of the appellant/petitioner. The appellant’s deceased husband – Alle Mallaiah has purchased an extent of Ac.2-00 of land in Sy.No.11 of Rajapur village, Balanagar mandal, Mahabubnagar district. After the death of the husband of the appellant, the said land was mutated in the name of their minor son, with the consent of the appellant. The said property is intended to be sold by the appellant, and in lieu thereof, she intended to purchase another land in an extent of Ac.4.00 in Sy.Nos. 200 and 205 in the same village for Rs.15,00,000/-. However, during the course of enquiry, the appellant could not satisfy the Court below that she intended to purchase another property in the name of the minor son.
3. During the course of hearing the appeal, the learned counsel appearing for the appellant/petitioner has produced the original sale deed under which the appellant/mother has purchased an extent of Ac.3.30 guntas of land in Sy.No.200 and 205 of Rajapur village in the name of herself and also the minor son jointly. It is contended that the need to sell the property standing in the name of the minor boy and to purchase the new property is due to local developments due to which the appellant is not able to put to proper use the property now standing in the name of the minor.
4. To satisfy ourselves about the genuineness of the request, we directed the appellant and her minor son to be present today, which they complied and after hearing them, we are satisfied that the intention of the appellant/mother to sell the property is in the best interest of the minor son.
5. Therefore, the appeal is allowed, and the appellant is permitted to sell the petition schedule property. As a sequel, the miscellaneous petitions, if any pending, shall stand closed accordingly. No costs.
G. Chandraiah, J.
M.S.K. Jaiswal,J.
Dt.20.11.2014
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HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 656 of 2014 (Judgment of the Division Bench delivered by Hon’ble Sri Justice MSK Jaiswal) Dated: 20.11.2014
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