M.C.Sajitha v. Vijaya A.K.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 OP(C).No. 912 of 2015 (O) ----------------------------- (SOP 24/2013 of III ADDL.SUB COURT, ERNAKULAM) PETITIONER/PETITIONER IN SOP:

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

1. SAJITHA M.C., AGED 39 YEARS, W/O.LATE SRI. A.K.SATHYANARAYANAN ANGALUR (SATHYAGIN) KANNIYAMPURAM OTTAPALAM - I, PALAKKAD DISTRICT NOW RESIDING AT SREE VALLABHA APARTMENTS 63, JAWAHAR NAGAR, KADAVANTHARA KOCHI - 682020.

2. SIDHARTH SATHYANARAYANAN, AGED 12 YEARS S/O.LATE A.K.SATHYANARAYANAN, S/O.A.K.KANNAN ANGALUR (SATHYAGIN), KANNIYAMPURAM OTTAPALAM - I, PALAKKAD DISTRICT NOW RESIDING WITH THE FIRST PETITIONER AT SREE VALLABHA APARTMENTS 63 JAWAHAR NAGAR, KADAVANTHRA, KOCHI - 682020 REPRESENTED BY MOTHER AND NATURAL GUARDIAN 1ST PETITIONER.

3. KOCHUNARAYANI, AGED 77 YEARS W/O.LATE SRI. A.K.KANNAN ANGALUR (SATHYAGIN) KANNIYAMPURAM OTTAPALAM - I, PALAKKAD DISTRICT NOW AT SREE VALLABHA APARTMENTS 63 JAWAHAR NAGAR, KADAVANTHARA, KOCHI - 682020. BY ADV. SRI.B.JAYASANKAR RESPONDENTS/RESPONDENTS IN SOP:

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

1. VIJAYA A.K., AGED 51 YEARS D/O.A.K.KANNAN, FLAT NO. 502, KALPANAN HOUSING SOCIETY NDR 16, OPP. BUILDING NO. 36, THILAK NAGAR CHEMBUR, MUMBAI - 400 089.

2. VALSA A.K., AGED 49 YEARS, D/O.A.K.KANNAN, INDEEVARAM, ASHRAMAM ROAD, KALADY - 683574, ERNAKULAM DISTRICT.

OP(C).No. 912/2015

3. GIRISH A.K., AGED 39 YEARS, S/O.A.K.KANNAN, PLOT NO.18 5H CROSS SARASWATHIPURAM LAYOUT, AREKERE BANNARGHATT ROAD, BANGALORE - 560078.

4. GIRIJA.A.K., AGED 39 YEARS W/O.PC. RAJKUMAR, PALUKKASSERY HOUSE, VIYYUUR PO THRISSUR.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 912 of 2015 (O) ------------------------------ APPENDIX PETITIONER'S EXHIBITS :

----------------------------- P1:

A TRUE COPY OF THE SOP NO.24/2013 ON THE FILES OF THE 3RD ADDITINAL SUB COURT ERNAKULAM FILED BY THE PETITIONERS. P2:

A TRUE COPY OF THE ORDER DATED 03.04.2014 PASSED BY THE LEARNED SUB JUDGE IN SOP.24/2013.

P3:

A TRUE COPY OF IA.NO.2372/2014 IN SOP.NO.24/2013 DATED 16.06.2014 ON THE FILES OF THE 3RD ADDL. SUB COURT, ERNANKULAM FILED BY THE PETITIONERS.

P4:

A TRUE COPY OF THE UNDERTAKING DATED 17.02.2014 FILED BY THE PETITIONERS BEFORE THE LEARNED SUB JUDGE IN SOP 24/2013 P5:

A TRUE EXTRACT OF THE ORDER DATED 18.03.2015 PASSED BY THE LEARNED SUB JUDGE IN SOP.24/2013.

RESPONDENTS' EXHIBITS: NIL.

------------------------------ // True copy // P.A. To Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.912 OF 2015 ------------------------------------------------- Dated this the 9th day of April, 2015.

J U D G M E N T

Learned counsel appearing for the petitioners makes a request before this Court that as per the direction of this Court dated 31.03.2015, 1/3rd share of the amount has been deposited in the Bank in the name of the minor showing lien to the court and the interest accrues on that 1/3rd share of the amount may be allowed to be withdrawn by the natural guardian, who is the mother of the minor, in whose name the succession certificate has been issued, for the purpose of maintenance of the minor.

2. The request seems to be just and reasonable. The natural guardian of the minor who is the mother at present, is permitted to withdraw the interest that accrues on 1/3rd of the share of the amount deposited in the Bank in the name of the minor and to utilise it for the maintenance of the minor. This original petition is disposed of.

Sd/- P.BHAVADASAN JUDGE smp