HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 588 of 2010 Dated: 04.12.2014 Between:
Kallem Pullaiah Sastry & another … Appellants Vs.
Kallem Siva Ramakrishna Prasad & another … Respondents HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 588 of 2010 JUDGMENT: (Per Hon’ble Sri Justice G.Chandraiah) This appeal is filed aggrieved by the orders of the Principal District Judge, Nalgonda in GWOP No. 660 of 2005, dt. 02.02.2010, dismissing the petition filed by the Appellants seeking a direction to the respondents to return their adopted minor son - Kallem Satya Gowtham, and for mandatory injunction for restoring the name of the ward as Satya Gowtham and to describe as son of K.Pullaiah Sastry in all the school records and proceedings.
2. The brief facts are that the appellants/petitioners and the respondents are the relatives. The petitioners are wife and husband, and have not blessed with any children. The respondents, who are wife and husband, have got two sons, namely Radha Krishna Murthy and Pavani Manikanta Satya Surya Gowtham. On the approach of the petitioners, who are having sufficient properties, the respondents have agreed to give their second son in adoption and accordingly gave him in adoption on 8.5.1997 by observing all the formalities as per the Hindu Law and customs, and the Respondents have executed an adoption deed, evidencing the adoption. Soon after the adoption, the petitioners brought the minor boy and changed his name as Satya Gowtham, who was aged about five years, and admitted him in 1st Class in St. Ann’s Upper Primary School at Mattampalli, where the minor boy studied up to 5th class. At the time of the petition, the minor boy was studying 8th class, and his Upanayanam was also performed on 28.4.1999. It is further stated that the Petitioner No.1 has purchased a house site in Gurazala in the name of the minor, representing himself as adoptive father on 19.03.2001, and the 1st Respondent has signed as attesting witness to the said document. While so, on 7.2.2005, the minor boy went to the school and did not return back home. Hence, the 1st petitioner lodged a complaint with the police. On 15.2.2005, surprisingly, the maternal uncle of the boy handed over the minor boy to the police stating that he located the boy at Rentachinthala of Guntur district, and the police, in turn, handed over the boy to the Respondents, and the Respondents refused to hand over the boy to the petitioners. Hence, the petitioners filed O.S.No.117 of 2005 before the Junior Civil Judge, Huzurnagar in which the petitioners were advised to file the present petition. After filing the petition, the Respondents illegally changed the name of the minor boy as ‘Pavani Manikanta Satya Surya Gowtham’, and shown the name of the 1st Respondent as father in the school records of Pragathi Vidyalayam, Nereducherla of Nalgonda district. Hence, the petitioners have filed the present petition. After filing the counter and after hearing both sides, the learned District Judge dismissed the petition by the impugned order. Hence, the present appeal by the unsuccessful petitioners.
3. When the matter was taken up by this Court on the last occasion i.e., on 20.11.2014 it is noticed by us that since the date of birth of the boy is 16.11.1992, the boy is aged about 22 years now, and thus, the matter has become infructuous. However, at the request of the learned counsel for the appellants, the matter was adjourned for getting instructions. Now, it is made clear and not in dispute that the minor boy has become major and no guardianship is required. In that view of the matter, the subject matter of the appeal has become infructuous and liable to be closed.
4. The appeal is accordingly closed as infructuous. 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. 588 of 2010 (Judgment of the Division Bench delivered by Hon’ble Sri Justice G.Chandraiah) Dated: 04.12.2014
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