HON’BLE SRI JUSTICE G. CHANDRAIAH AND HON’BLE SRI JUSTICE M.S.K. JAISWAL C.M.A. No. 797 of 2014 DATE: 06.11.2014 Between:
Kondra Narsavva .. Appellant and To whomsoever it may concern .. Respondent JUDGMENT:- (Per Hon’ble Sri Justice G. Chandraiah) This Civil Miscellaneous Appeal is directed against the Judgment dated 19.07.2014 delivered in G&W O.P.No.132 of 2014 by I Additional District Judge, Nizamabad whereby the petition filed by the appellant seeking to appoint her as guardian of the minor boy and permit her to sell the property and purchase any other property in the name of the minor boy, was dismissed.
The brief admitted facts of the case are that the appellant is the paternal grand-mother of the minor boy – Kondra Ganga Prasad. Kondra Sayanna, who is the father of the minor boy, died on 16.10.2002. The appellant got purchased agricultural land in an extent of Ac.1.23 ¾ guntas in Sy.No.744 and also Ac.0.06 guntas in Sy.No.747 situated in Bardipoor village, Dichpally Mandal, Nizamabad Mandal in the name of the minor boy by virtue of a registered sale deed dated 25.02.2003 and they have been in possession and enjoyment of the same.
Subsequently, the appellant intended to sell part of the property in question for the welfare and benefit of the boy, but the intending purchaser asked the appellant to get permission of the Court to do so, therefore, she filed G&W O.P. No. 132 of 2014 seeking to appoint her as guardian of the minor boy and permit her to sell a piece of property in question and purchase any other property in the name of the minor boy, however the learned I Additional District Judge, Nizamabad dismissed the petition. Being aggrieved by the judgment dated 19.07.2014, the present appeal is filed.
This Court, by order dated 11.09.2014, directed the appellant to take out notice to the respondent by way of paper publication in Nizamabad District Edition of Eenadu Daily inviting objections if any with regard to the proposed sale of the agricultural land. Accordingly, the learned counsel for the appellant, on 27.09.2014, took out notice and on 16.10.2014 filed proof of paper publication and stated that no objections have been received in respect of the land in question. On 30.10.2014, this Court ordered appearance of the parties including the minor boy.
Today, the paternal grandmother of the minor boy accompanied by her elder brother-in- law, including the minor boy, are present before this Court.
The learned counsel for the appellant has submitted that the property which is intended to be sold away is not giving any yield due to the non-availability of irrigation facilities, and if that land is sold away, the sale proceeds thereof will be deposited in the name of the minor boy and the same may fetch by way of interest which will be used for the welfare of the boy. He has further submitted that an advance of Rs.5.00 lakhs towards sale consideration was already received from the intending purchaser and deposited in Deena Bank at Dharmaram.
We have examined the minor boy, aged 13 years, who stated that he is studying VI Class in Z.P. High School, Dharmaram.
Considering the submissions made by the learned counsel for the appellant and keeping in view the welfare of the minor boy, we deem it appropriate to dispose of the appeal with the following directions:
“The appellant, who is the paternal grandmother of the minor boy – Kondra Ganga Prasad, is permitted to sell away the agricultural land in an extent of Ac.0.30 guntas in Sy.No.744 and Ac.0.06 guntas in Sy.No.747, situated in Bardipoor village, Dichpally Mandal, Nizamabad District and the sale proceeds thereof shall be deposited in the name of the minor boy, who is aged 13 years, in any nationalized bank. The appellant shall make every endeavour to dispose of the property at the best possible price. The deposited amount shall be kept in Fixed Deposit till the minor boy attains majority. If the appellant intends to purchase any other property in the name of the minor boy she is at liberty to file an appropriate application before the trial Court, and on such application being filed and on being satisfied with the facts of the case, the learned Judge may consider the application and pass appropriate orders permitting her to purchase property with the amount now being deposited.
Accordingly, the Civil Miscellaneous Appeal is allowed. No order as to costs.
As a sequel to the allowing of the appeal, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 06.11.2014 M.S.K. JAISWAL, J bcj