Mudireddy Sai Mimani vs Nil
2022 Latest Caselaw 9408 AP

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      THE HON'BLE SRI JUSTICE A.V. SESHA SAI

& THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CIVIL MISCELLANEOUS APPEAL No.264 OF 2021

JUDGMENT:(per A.V. Sesha Sai, J)

Heard and perused the entire material available on

record. Order passed by the Court of the II Additional

District Judge, Kadapa in G.O.P.No.10 of 2021 is under

challenge in the present Appeal, preferred under Section 47

of Guardian and Wards Act, 1890 (for short 'the Act')

The appellant herein filed the aforesaid G.O.P.No.10

of 2021 under the provisions of Sections 10 and 29 of the

Act, seeking appointment of one Smt.Mudireddy Sirisha,

mother of the appellant, as guardian and to permit the

proposed guardian to sell away the petition schedule

property for meeting the expenses of education, health and

welfare of the minor petitioner apart from depositing the

sale amount in any Nationalized Bank. The learned

Additional District Judge vide order dated 08.10.2021,

dismissed the said G.O.P.No.10 of 2021.

A perusal of the order passed by the learned Judge

shows that despite the expression of the opinion for filing

the amendment petition, the appellant herein did not avail

said opportunity. The learned Judge also observed that the

petitioner herein has only half share in the property and

the request for the entire property cannot be entertained.

During the course of argument, it is submitted by the

learned counsel for the appellant that the appellant is

restricting her claim only for half of the schedule property

and the same is recorded.

For the aforesaid reasons, appeal is disposed of, with

a liberty to the appellant to file a fresh G.O.P before the

Jurisdictional Court, claiming half of the schedule property

and, if any such application is filed, the same be

considered and appropriate order be passed strictly in

accordance with law. There shall no order as to costs.

Miscellaneous petitions, if any, pending in this case,

shall stand closed.

__________________________ JUSTICE A V SESHA SAI

_______________________________________ JUSTICE DUPPALA VENKATA RAMANA Date: 07.12.2022 VTS

THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CIVIL MISCELLANEOUS APPEAL No.264 OF 2021 (per A.V. Sesha Sai, J)

Date: 07.12.2022

VTS