HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 1333 of 2008 Dated: 04.12.2014 Between:
Smt. J. Sharadabai Vs.
All concerned & others … Appellant … Respondents HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 1333 of 2008 JUDGMENT: (Per Hon’ble Sri Justice G.Chandraiah) The appellant is the petitioner in O.P.No.124 of 2007 on the file of the II-Additional Chief Judge, City Civil Court, Hyderabad, which was filed under Sections 9 and 10 of the Guardians and Wards Act, 1890, seeking appointment of the petitioner as guardian of the minors, namely – Pooja and Pratap, for their person and property. By order dated 04.09.2008 the learned Additional Chief Judge dismissed the said O.P. Aggrieved by the same, the petitioner has preferred this appeal.
2. Along with the appeal, the appellant also filed CMAMP.No.2517 of 2008 seeking an interim direction to the Respondents to pay monthly pension to the petitioner to meet the expenditure of the minors. In the said petition, on 18.11.2008 this Court ordered notice. However, the matter was adjourned on several occasions on the ground that the respondents are not served. Today, learned counsel for both the parties have appeared. The learned counsel for the appellant would submit that though as on the date of filing of the O.P., the two children were minors, now they became majors. As such no further orders are necessary in this matter.
3. Heard both the learned counsel and considered the material on record. As per the impugned order, the dates of birth of the minor children, viz., Pooja and Pratap are 08.10.1984 and 16.02.1996 respectively. In that view of the matter, both the children have become majors and as such they are not in need of any guardian either for their person or property. Thus, the subject matter of the appeal has become infructuous and liable to be closed.
4. The learned counsel for the appellant would submit that since the amounts payable to the deceased employee of the Respondent- Bank are payable to the nominee as per the bank records, the same may be directed to be paid to them, since they became majors. The nominees, who were then minors, having become majors, are at liberty to approach the Bank authorities for the payment of their entitled amounts, and it is for the Bank authorities to consider the same for payment, as per law.
5. The appeal is accordingly closed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed accordingly. No costs.
G. Chandraiah, J.
M.S.K. Jaiswal,J.
Dt.04.12.2014
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HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 1333 of 2008 (Judgment of the Division Bench delivered by Hon’ble Sri Justice G.Chandraiah) Dated: 04.12.2014
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