1. Mr Vaibhav Sheth, learned advocate appearing for the appellant submitted that the operative part of order impugned is not in consonance with the provisions of law especially with section 29 of The Guardian and Wards Act, 1890 as well as section 8 of The Hindu Minority and Guardianship Act, 1956 inasmuch as it takes away the discretion of the guardian to deal with the property even in the interest of the minor once and for all as it could be seen from the perusal of the operative part of the order. Therefore, Mr. Sheth submits that the matter be disposed of on making appropriate clarifications.
2. The clarification which is requested could also be sought from the Court passing the said order. The Court passing the order ought to have taken into consideration the purport of Section 29 of The Guardian and Wards Act, 1890 as well as section 8 of The Hindu Minority and Guardianship Act, 1956 while casting the operative portion of this order.
3. Mr Sheth, therefore, seeks permission to withdraw this appeal at this stage with a liberty to approach the court for appropriate clarification. Liberty as sought for is granted. Matter is permitted to be withdrawn at this stage with a liberty to apply in case of difficulty. Matter is disposed of as withdrawn.
(S.R.BRAHMBHATT, J.) ORDER IN CIVIL APPLICATION No. 6086 of 2008 No order is passed in the civil application. Civil Application stands disposed of accordingly.
(S.R.BRAHMBHATT, J.) Divya// Top