Smt Shobha N vs Nil
2021 Latest Caselaw 5214 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 01ST DAY OF DECEMBER, 2021

                         PRESENT

          THE HON'BLE MR. JUSTICE B. VEERAPPA

                           AND

        THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

 MISCELLANEOUS FIRST APPEAL No.447/2020 (GW/WC)

BETWEEN:

1.     SMT. SHOBHA N
       AGED ABOUT 41 YEARS
       W/O LATE NARAYANASWAMY

2.     KUM. KAVYA
       AGED ABOUT 18 YEARS
       D/O LATE NARAYANASWAMY

3.     KUM. SOUJANYA
       AGED ABOUT 16 YEARS
       D/O LATE NARAYANASWAMY

       THE APPELLANT NOS. 2 AND 3
       SINCE MINOR REP. BY THEIR
       MOTHER AND NATURAL GUARDIAN
       SMT. SHOBHA N
       THE APPELLANT NO.1

       ALL ARE RESIDING AT
       DODDADUNNASANDRA VILLAGE
       ANUGONDANAHALLI HOBLI
       HOSKOTE TALUK.
                                          ...APPELLANTS
(BY SRI ANNAIAH C.V, ADVOCATE-ABSENT)

AND:

NIL.
                                          ...RESPONDENT
                             -2-


                            ****

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 47 OF THE GUARDIAN AND WARDS ACT, PRAYING TO SET
ASIDE THE ORDER DATED 27.108.2019 PASSED BY THE III ADDL
SNIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU IN
G & WC NO.6/2018 AND ALLOW THE PETITION AS PRAYED FOR.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Though the case called out twice, none appeared for

the appellant.

2. The present appeal is filed by the mother

against the order passed by the learned III Addl. Senior

Civil Judge, Bengaluru Rural District, Bengaluru, dated

27/08/2019, in G & WC No.6/2018. Office has raised

objection with regard to maintainability of the present

appeal under the provisions of Section 47 of the Guardian

and Wards Act, 1890 ("G & WC ACT" for short) that the

appeal would not lie against an order passed under the

provisions of Section 7 of the G & WC Act.

3. Office objection is upheld.

4. The appeal is dismissed as not

maintainable with liberty to the appellant to avail

alternative remedy available in accordance with law.

6. Office to return the certified copy of the

impugned order to the learned counsel for the appellant

forthwith.

Sd/-

JUDGE

Sd/-

JUDGE

S*