Ageer Ramulu vs Tadkmalla Laxmi Narsimulu
2025 Latest Caselaw 151 Tel

Telangana High Court

Ageer Ramulu vs Tadkmalla Laxmi Narsimulu on 1 July, 2025

        THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                                          AND
           THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO

                FAMILY COURT APPEAL NO.272 OF 2024

Mr.Rohan Aloor, learned counsel for the appellants.
Mr.Aare Venkateswara Rao, learned counsel for respondent Nos.1 to 6.
.




JUDGMENT:

(Per Hon'ble Justice Moushumi Bhattacharya)

Counsel appearing for the appellants has placed Family Tree of

the parties in the Appeal.

2. The chart reflects that the appellant No.1 is the surviving

maternal grandfather of the minor child. The appellant No.2 is the

minor child. Both the parents of the minor child died. The paternal

grandparents of the minor child are also no more.

3. Respondents are the siblings of the father of the minor child.

4. These facts are undisputed.

5. The appellant No.1 filed the GWOP for appointing the appellant

No.1 as the guardian of the minor child and for permitting the

appellant No.1 to sell the petition scheduled property in the interest of

the minor child. The Trial Court dismissed the GWOP filed by the

appellants on the ground that the petition scheduled property is not

partitioned between the respondents and the father of the minor child.

MB,J & BRMR,J

6. We do not find any error in that reasoning. However, after

considering the Family Tree, as represented on behalf of the

appellants, we are of the view that the appellant No.1, as the only

surviving grandparent of the minor child, may be appointed as the

guardian of the minor child since the minor child does not have any

other immediate or close relative who can be appointed as his

guardian.

7. We accordingly deem it fit to set aside the impugned order dated

22.08.2024 to the limited extent of the refusal of the appellant No.1's

prayer for being appointed as a guardian of the minor child. The

appellant No.1 is granted liberty to approach the appropriate forum

for permission to sell the minor child's share in the petition scheduled

property.

8. FCA.No.272 of 2024 along with all connected applications are

disposed of in terms of the above. There shall be no order as to costs.

Interim orders, if any, shall stand closed.

__________________________________ MOUSHUMI BHATTACHARYA, J

______________________________ B.R.MADHUSUDHAN RAO, J Date: 01.07.2025 DUA