Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 4059 of 2017 Appellant :- Smt. Sangeeta Chaudhari & 3 Others Respondent :- Smt. Geeta Devi Counsel for Appellant :- Rishi Chadha
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Rishi Chadha for the appellant and Mohammad Aon for the respondents.
The appeal challenges the order of A.D.J., Court No.4, Aligarh, in Misc. Case No.18 of 2017 filed by the appellant herein seeking permission to sell certain properties after the death of her husband.
The appellant has deposed that they do not reside in the flat in which they wish to sell the property. Had the learned Judge even perused this, he would not have dismissed the application in such a manner.
This appeal is sought to be withdrawn. However, instead of relegating the appellant, who is destitute widow, the appeal can be disposed of at this stage by this court.
Smt. Sangeeta Chaudhari, who wants to sell the property, may sell the same but that would be subject to undertaking that it would not jeopardize the right of Master Deepak Chaudhari, Miss. Dipti Chaudhari and Master Vaibhav Chaudhari.
The learned Judge below rejected the application on absolute flimsy ground. Whether she has any other property or not has not to be seen by the court below. Though there was no objection raised by the respondents, the Judge, Aligarh, seems to have taken absolute flimsy ground to reject. Unnecessarily a litigant is dragged to this Court because of the wrong notion of a learned Judge, he could have granted the permission by stipulating certain conditions, this Court deprecate such non-reasoned rejection of an application which amend for seeing that the family which is bereaved gets money so that the children can be kept in a good study environment. Had the learned Judge visualized this aspect, this miscarriage of justice would not have occurred. The appellant herein is permitted to sell the proper for which an application was made. However, she shall see that the right of the children does not get jeopardized.
The order requires to be quashed and is quashed. as under the Hindu Minority and Guardianship Act, 1956, the interest of the minor has to be protected. The learned Judge has passed the order rejecting the application on absolute ungermane grounds.
A copy of this order be sent to the court below, who passed the order so that in future such orders under social legislation are not dealt with in such a casual manner.
With the aforesaid observations, the appeal is allowed.
Order Date :- 23.2.2018 Irshad