Jiviben Keshav Luna vs State Of Gujarat
2024 Latest Caselaw 74 Guj

Gujarat High Court

Jiviben Keshav Luna vs State Of Gujarat on 3 January, 2024

                                                                                  NEUTRAL CITATION




       C/FA/4160/2010                              ORDER DATED: 03/01/2024

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 4160 of 2010

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                             JIVIBEN KESHAV LUNA
                                    Versus
                               STATE OF GUJARAT
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Appearance:
MR VIJAY H NANGESH(3981) for the Appellant(s) No. 1
MR. ADITYA DAVDA, AGP for the Defendant(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                               Date : 03/01/2024

                                 ORAL ORDER

1. Heard Mr. Vijay Nangesh, learned advocate on record for the

appellant.

2. This appeal is filed under Section 47 of the Guardian and Wards

Act, 1890 (for short "the Act"), challenging the judgment and order

dated 14.06.2010 passed by learned Additional District Judge, Jam-

Khambhalia, District-Jamnagar in Civil Misc. Application No.47 of 2010.

3. It has transpired on record that the original application was

preferred by the present appellant under Section 8 of the Act with a

prayer to appoint the appellant as the guardian of minor son-Nagshi

Keshav Luna and seeking permission to administer his properties.

                                                                                 NEUTRAL CITATION




      C/FA/4160/2010                             ORDER DATED: 03/01/2024

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4. Learned advocate for the appellant has fairly pointed out the

fact that on the date of filing of such application, the age of the minor

son as reflected in the pleadings is mentioned as 13 years. By passage

of time, the minor son, at present, is major and thus, the cause of

action to pursue the present proceedings does not survive.

Indisputably, the date of birth of the minor son as reflected on record

is 26.03.1996 and at the relevant point of time, the minor son was

aged around 13 years.

5. Considering the aforesaid fact and submission made by learned

advocate on record for the appellant, the present First Appeal stands

disposed of as having become infructuous. Notice stands discharged.

6. Record and proceedings, if any, be sent back to the concerned

court forthwith.

7. Liberty is reserved to move appropriate application, in case of

any difficulty.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA