Smt.Summavva W/O Yamanappa ... vs Mahadev S/O Fakirapp Sundholli
2023 Latest Caselaw 6317 Kant

                                                  -1-
                                                        NC: 2023:KHC-D:10056-DB
                                                        MFA No.102661 of 2019




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 5TH DAY OF SEPTEMBER, 2023

                                            PRESENT

                        THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

                                              AND

                            THE HON'BLE MR JUSTICE G BASAVARAJA


                      MISCELLANEOUS FIRST APPEAL NO.102661 OF 2019 (GW)

                 BETWEEN:

                 1.   SMT. SUMMAVVA
                      W/O. YAMANAPPA AKKOJI,
                      AGE: 40 YEARS,
                      OCC: BUSINESS,
                      R/O: HEGGUR PLOT,
                      BILAGI CROSS, TQ: BILAGI,
                      DIST: BAGALKOT-587116.

                 2.   SRI. SIDDAPPA
                      S/O. SHIVAPPA AKKOJI,
                      AGE: 50 YEARS,
JAGADISH T R          OCC: BUSIENSS,
HIGH COURT
OF KARNATAKA
                      R/O: HEGGUR PLOT,
2023.09.08
11:40:38 +0530
                      BILAGI CORSS, TQ: BILAGI,
                      DIST: BAGALKOT-587116.

                 3.   SRI. MANJUNATH
                      S/O. HANAMANTAPPA AKKOJI,
                      AGE: 21 YEARS,
                      OCC: BUSINESS,
                      R/O: HEGGUR PLOT,
                      BILAGI CROSS, TQ: BILAGI,
                      DIST: BAGALKOT-587116.

                 4.   RUKMAVVA @ RUKMINI
                      D/O. MAHADEV SUNADHOLLI,
                                 -2-
                                            NC: 2023:KHC-D:10056-DB
                                        MFA No.102661 of 2019




      AGE: 16 YEARS, OCC: STUDENT,
      R/O: HEGGUR PLOT, BILAGI CROSS,
      TQ: BILAGI, DIST: BAGALKOT-587116,
      SINCE MINOR REPRESENTED
      BY HER NATURAL GUARDIAN
      HER GRANDFATHER
      SIR.SIDDAPPA S/O. SHIVAPPA AKKOJI,
      I.E., APPELLANT NO.2.
                                                       ...APPELLANTS

(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)


AND:

MAHADEV @ MAHADEVAPPA
S/O. FAKIRAPP SUNDHOLLI,
AGE: 53 YEARS,
OCC: AGRICULTURE,
R/O: GORAGUDDI,
TQ: SAUNDATTI,
DIST: BELAGAVI-591129.
                                                     ...RESPONDENT
(BY SRI.D.V.PATTAR, ADVOCATE)


       THIS MFA IS FILED U/S.47 OF GUARDIANS AND WARDS ACT,

1890, AGAINST THE ORDER DATED 28.05.2019, PASSED IN G&W

NO.59/2018, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE

AND     ADDITIONAL     MOTOR    ACCIDENT       CLAIMS    TRIBUNAL,

SAUNDATTI, ALLOWING THE PETITION FILED UNDER SECTIONS 7

AND 25 OF THE GUARDIAN AND WARDS ACT, 1890 AND SECTION 6

AND 8 OF HINDU MINORITY AND GUARDIANSHIP ACT, 1956.


       THIS   APPEAL   COMING   ON    FOR    ORDERS,    THIS   DAY,

S.R.KRISHNA KUMAR, J., DELIVERED THE FOLLOWING:
                             -3-
                                       NC: 2023:KHC-D:10056-DB
                                    MFA No.102661 of 2019




                       JUDGMENT

The present appeal arises out of the impugned order

dated 28th May 2019 passed in G & WC No.59/2018 by the

Principal Senior Civil Judge and Additional MACT (for short,

'the Trial Court'), Saundatti, whereby the petition filed by

the respondent seeking declaration that he was the natural

guardian of his daughter Rukmavva was allowed by the

Trial Court.

2. Heard the learned counsel for the appellants

and the learned counsel for the respondent. Perused the

material on record.

3. The material on record discloses that the

respondent filed the instant petition seeking declaration

that he was the natural guardian of his minor daughter

Rukmavva, who was born on 04.03.2005 and the said

petition having not been contested by the appellants No.1

to 3-respondents, who remained unrepresented and

placed ex parte, came to be allowed by the Trial Court

NC: 2023:KHC-D:10056-DB MFA No.102661 of 2019

aggrieved by which the appellants-respondents are before

this Court by way of the present appeal.

4. However, having regard to the fact that the

aforesaid Rukmavva, who was minor at the time filing the

petition, has attained the majority during the pendency of

the present appeal, we are of the opinion that nothing

further survives in the present appeal and the same is

accordingly disposed of as having become infructuous.

Pending I.A. No.1/2020 does not survive for

consideration and the same is disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

KMS