Karnataka High Court
V. Yogish vs Master Manvith on 3 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:18714-DB
MFA No. 1656 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 1656 OF 2024(GW)
BETWEEN:
V. YOGISH
SON OF VENKATASWAMAPPA
AGED ABOUT 38 YEARS
RESIDING AT ANUPANAHALLI
HOSKOTE TALUK, BANGALORE.
...APPELLANT
(BY SMT. MANJU C M - ADVOCATE FOR
SRI. H V RAJA RAM - ADVOCATE)
AND:
MASTER MANVITH
AGED ABOUT 7 YEARS
Digitally signed SON OF V YOGISH
by SUMATHY GRAND SON OF JYOTHI LAKSHMI
KANNAN
SINCE MINOR, REPRESENTED BY HIS
Location: High
Court of NATURAL GUARDIAN AND GRAND MOTHER
Karnataka SMT JYOTHILAKSHMI
AGED ABOUT 48 YEARS
W/O ASHOKAM
RESIDING AT NO 59
OM SHAKTHI NILAYA
10TH CROSS, LAKSHMIPURA MAIN ROAD
BBMP WARD NO. 12
CHIKKABANAVARA POST
ABBIGERE, BENGALURU 560090
...RESPONDENT
(BY SRI K T VENKATESHA ADVOCATE)
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NC: 2024:KHC:18714-DB
MFA No. 1656 of 2024
THIS MFA FILED UNDER ORDER 41 RULE 1(1) OF CPC,
AGAINST THE ORDER DT. 06.11.2023 PASSED IN
G&WC.NO.4/2022 ON THE FILE OF THE XXVII-ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Smt.C.M.Manju for the appellant is
present before the Court physically and represents Sri
H.V.Rajaram who is on record.
2. Office note reveals maintainability of appeal
against order dated 06.11.2023 in G & WC No.4/2022
passed by the XXVI Additional City Civil and Sessions
Judge, Bengaluru in view of Section 47 of Guardians and
Wards Act, 1890 since the petition is filed under Section 8
of Guardians and Wards Act, 1890. However, the petition
filed by the petitioner under Section 8 of the Guardian and
Wards Act, 1890 came to be allowed. The grandmother of
the minor petitioner Master Manvith viz.,
Smt.Jyothilakshmi was appointed as guardian to look after
the welfare of the minor child viz., Master Manvith - who
is the minor son of the respondent - V.Yogesh and
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Smt.Kavitha M.A.(deceased). Guardianship Certificate was
ordered to be issued in the name of Smt.Jyothilakshmi in
respect of the minor child Master Manvith - who is the
minor son of the respondent - V.Yogesh and Smt.Kavitha
M.A.(deceased). The same is indicated in the operative
portion of the order.
3. The counsel for the appellant is not able to
convince the Court in respect of Section 47 of the Act
which reads as under:
47. Orders appealable
An appeal shall lie to the High Court from an order made by a
*Court
(a) under section 7, appointing or declaring or refusing to appoint
or declare a guardian; or
(b)under section 9, sub-section (3), returning an application; or
(c)under section 25, making or refusing to make an order for the
return of a ward to the custody of his guardian; or
(d)under section 26, refusing leave for the removal of a ward from
the limits of the jurisdiction of the Court, or imposing conditions
with respect thereto; or
(e)under section 28 or section 29, refusing permission to a
guardian to do an act referred to in the section; or
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(f)under section 32, defining, restricting or extending the powers of
a guardian; or
(g)under section 39, removing a guardian; or
(h)under section 40, refusing to discharge a guardian; or
(i)under section 43, regulating the conduct or proceedings of a
guardian or settling a matter in difference between joint guardians,
or enforcing the order; or
(j)under section 44 or section 45, imposing a penalty.
4. With reference to the above, the proceedings was
initiated under Section 8 of the Act. Therefore, the appeal
is not maintainable against the order passed by the Court
below keeping in view Section 47 of the Guardians and
Wards Act, 1890. Accordingly, the office note is upheld
and the appeal is dismissed as not maintainable.
Sd/-
JUDGE
Sd/-
JUDGE
DKB
