THIS WRIT PETITION Is FILED UNDER AR'IIcLf:«:-s;{é2IsV'.'z:II:q__§~,-:.gmV
OF THE CONSTITUTION OF INDIA PRAYING TO QL1A$§vi T:H;E ORTDERV2 2
PASSED BY THE LEARNED CIVIL JUDGE;2(SR--.«DN.'§&CI;iIKK13MflGALUR, ';
DT.16.8.2GO8 IN G 85 W c NO/3/2098 (AN-NE}:i4C}*I'ANI)_
THIS WRIT PETITION 'OOMINI3 "ON A'vI§IeEI..IIéIINAI;Ir2'
HEAF31NG,THIS DAY, THE COURT MHQE T_ijIE
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Order eIatedAV'16.1O,2OO3V 85 we 3/2007
grantiilg pCI'II1}'.S's73_".Vi(')£['I?'.::i:V~_1V£\§V guardian of the
minor girl to share in the undivided
petidon in this writ petition.
2. Niharika is the slaughter of
Rcsoondcnt No.2 is the mother of the
n;k""'.";I. Petitioner No.1 H.B.Manjunatb. is the
":uiIO'£Vh.2tIrV Gowda and Petitioner No.2 H.L.S1:1arath
Z is thAe---gOn_'vOf afioihcr bmther Of Late.Narayana Gowda. Both the
" " 'TT'-.$2€§ifi.Q}3.C2'§3,_.'éOI1fE11d that the permission granted to $631 or alienate
2' ';mi1jI.o1"s share in the undivided property is iilcgal.
3. The petition. seeking permission to alienate the minofs
"Interest was flied under Section 29 of the Guardian and Waxtis
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Act readwith Section 8 of the Hindu. Minority and Gualxiianship
Act contending that in View of the needs of the mine;
xequimmem: to discharge the loan incurred by 'bf;
mm." or girl, Late Narayaua gowda, itihiiiiaxi "1
seek permission of the Court to of {he intexest
of the minor girl in the ii
4. The applicants befere. contended that
the permission" fycif of the minor girl.
They also already been entexed
into ivith:.;ie'n'i~_:v agreeing to sen 15 acres
20 gxmtasziofjland 13 lakhs. The objections raised
by theA.;_setitioi:i§e1:e hereiii gigs to the effect that the petiiionere
iii:-.v«e right over the property as the 21"'
of the minor girl had agreed to seli the
i in It was further contended by them that
wasiio necessity for the property to be sold md the
could be managed effectively with the help and support
{he pefitionexs herein. It was also aliegm that the sak was not
the interest of the miner girl. The petitioners further urged
that they had already instituted a suit in O.S.No.-40/200? on the
kw
file of the Additional Civii Judge (Jr.Dn.)
direction to defendants 1 and 2 to cafl
purchase the plaint schedule the :4
ageement dated 10. 10.2005.
5. The Court below the entire
materials on record hae who sought
permission to sell' minofe other than the
mother and tlrze of The Court below
has also admittedly there were
of khata between the petitioners
and the xeepondente the death of Narayana Gowda. It
has taicen of the important fact that there were
Eoblitgafions debts to be discharged by the family
eonsietingevébfV.pv_th:e'-:t1other and the minor girl. As there was no
_a}ternative' the natmai guaztiian except to dispose of the
iizoperties, so as to meet the requirements of
the loan and also to ensure proper education and
wsheilter for the minor, the Court below found it necessary to gent
" « * 'permission as sought for.
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6. In so far as the contention urged by the petitionexs
herein Iegaxding their right of preemption, them 'has
observed that it is for the petitioners to establish
the suit filed by them. The Court he-1-s"'re--f1'am-- c ' b j
the said aspect of the matter in View ef
suit.
7. Learned counsel fo:r that in
View of the pendency of could not have
granted peI'missio;;"tQ u Counsel for the
respondent iettier passed.
3. parties and on pemsal of
the matet§aIs’– the Court below has acted in
accordance the contained under Section 8 of the
..VHindu.«i’@i’fie.:ity a:i3;t*.’..V:(V:’;t_1_Ha’AI:’£Iia:1ship Act. It has kept in mind the
*i_.tT1tAfiiv’tStV0f girl while granting pennission to alienate the
xytxo dispute with regard to the fact that there
V were §i1anciei’ebfigafians and farm!’ 3′ debts which were Iequ1red°
: The property in question in respect of which
is yanted to alienate is jointly owned by the mm” or
‘T natural guardian mother. The Court below has observed
that the family debt to be discharged and the need £1.nd
provide the basic necessities to the minor firl warrant gyexfiniésion
to be ganted for sale of the pIopcrty:~aiid~–thc
had no right to come in the way of V
the minor. L b j I V
9. Admittedly, there bg’:t\v.ocfli:vt11e.vv;;>etitioners
and the Wife of his death with
rcgani to the khatgyto records. The
rights 3115 7*.’-he any, based on any
other in other appropriate
forum. Infogt, have instituted a separate suit.
The Court hoiofir obscxvc that the issues raised
mspg:<;t'Vof.fhat oaxxoot be gone into in this proceeding. In
I do not find any 11%" ality or error of
passed by the Court: below. The order
V iI7i'ti3ef"'intcI*cst of the man" -or and is in acooxdance with
" " writ petitimx is devoizl of merits and is themfore
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Itflge
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