NEUTRAL CITATION
C/FA/3632/2023 ORDER DATED: 17/08/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3632 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/FIRST APPEAL NO. 3632 of 2023
==========================================================
BHANUMATIBEN PRAVINKUMAR PRAJAPATI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR AMIT P PATEL(3498) for the Appellant(s) No. 1,2,3
ADVANCE COPY SERVED TO MS FORAM TRIVEDI, ASST.GOVERNMENT
PLEADER/PP for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 17/08/2023
ORAL ORDER
1. In this appeal under section 47 of the Guardians and Wards Act read with section 96 of the Code of Civil Procedure, 1908 (the Code for short), the appellant has assailed the judgment and order dated 19.06.2023 passed by the learned Principal District Judge, Gandhinagar in Civil Misc. Application No.124 of 2022 by which the application under section 9 of the Guardians and Wards Act for permission to sell undivided share of the minors Jahanvi Pravinkumar Prajapati and Rajvi Pravinkumar Prajapati was rejected.
2. Heard learned counsel Mr. Amit Patel appearing for and behalf of the appellant.
3. Mr. Patel has submitted that the impugned judgement is contrary to the settled position of law, facts and evidence on record. He further submitted that the Court below could have allowed the permission to sell subject to reasonable conditions so as to Page 1 of 2 Downloaded on : Sun Sep 17 01:24:21 IST 2023 NEUTRAL CITATION C/FA/3632/2023 ORDER DATED: 17/08/2023 undefined protect the interest of the minor. Thus, in this context, referring to section 12 of the Guardians and Wards Act and ratio laid down in the case of Sankhala (Mali) Kantaben Bharatbhai vs. Rabari Panchalbhai, AIR 2020 SC 205, it was submitted by learned counsel Mr. Patel that no permission is required to sell the undivided share of the minor in a joint family property.
4. Having heard the learned counsel for the petitioner and on perusal of the impugned judgement, this Court is of the considered view that, the learned Single Judge of this Court in the case of Sankhala (Mali) Kantaben Bharatbhai (supra), has categorically observed that in the case of an undivided share of a minor in joint family property, no permission of Court would be necessary. In the facts of the present case, leave was sought by the mother of the minor and father has already expired. The case is covered by the judgement of the learned Single Judge as referred above and therefore, without much discussion, the impugned judgement dated 19.06.2023 passed by the learned Principal District Judge, Gandhinagar in Civil Misc. Application No.124 of 2022 is quashed and set aside. The appellant is permitted to sell the undivided share of minor son in the joint family property.
5. With the aforesaid, the appeal is allowed.
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/FIRST APPEAL NO. 3632 of 2023 In view of the order passed in the main matter i.e. First Appeal No.3632 of 2023, present Civil Application stands disposed of accordingly.
(ILESH J. VORA,J) SUDHIR Page 2 of 2 Downloaded on : Sun Sep 17 01:24:21 IST 2023