HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 369 of 2009 Dated: 06.11.2014 Between:
Sama Kalyani & Two Others Vs.
Sama Venkata Narayana … Appellants … Respondent HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 369 of 2009 JUDGMENT: (Per Hon’ble Sri Justice MSK Jaiswal) The 1st and the 2nd petitioners in Guardian O.P.No.810 of 2002 on the file of Principal District Judge, Cuddapah, have lost their parents. The 3rd petitioner is the senior maternal uncle; whereas the Respondent is said to be the paternal grandfather of the minor petitioners.
2. The minor petitioners are having certain amounts by way of fixed deposits and securities, which have been prescribed in the petition, valuing Rs.9,36,350/-. The petition was filed to appoint the 3rd petitioner as guardian. Before the trial Court, the Respondent made his appearance and stated that he has no objection for acceding the request of the 3rd petitioner as guardian. The trial Judge, while allowing the petition, directed that the proposed guardian shall furnish security for twice the value of the securities and movables, to which the minors are entitled, along with a surety.
3. The present appeal is filed only challenging the order of the learned Judge by which the 3rd petitioner was directed to furnish security for twice the value of the securities and movables, along with a surety. The said direction to furnish security, in our opinion, is unwarranted. When the 3rd petitioner was being appointed as guardian, he should have been given liberty to take care of the interest of the minor children. If there is any apprehension that the amounts/securities may not be maintained properly, the Court may direct to continue to keep the amounts in the Bank, instead of being withdrawn by the proposed guardian. Therefore, the appeal is liable to be allowed by setting aside the said direction.
4. In the result the appeal is allowed directing that the petitioner shall continue to be the guardian of the two minor children and the amounts lying in the banks shall be allowed to continue in the bank deposit till the minor children attain the majority. In the event of there being any pressing need to withdraw the amount, it is open to the guardian to approach the Court below and obtain appropriate directions. As a sequel, the miscellaneous petitions, if any pending, shall stand closed accordingly. No costs.
G. Chandraiah, J.
M.S.K. Jaiswal,J.
Dt.06.11.2014
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HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 369 of 2009 (Judgment of the Division Bench delivered by Hon’ble Sri Justice MSK Jaiswal) Dated: 06.11.2014
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