This judgment addresses an appeal under Section 47 of the Guardians and Wards Act, 1890. The appellant challenged an order regarding minor guardianship. The court held the appeal to be infructuous because the minor ward had attained the age of 18 years.
The appeal was dismissed as it became infructuous due to the ward attaining majority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN_THE HIGH COORT 0^'pHHATTISGAEH_AT BILASPUR t (Misc. Appeal No. 5-3°)/2002)
APPELLANT Suyash Gahel APPLICANT S/o Bhuwan Gahel Ayed 35 years Resident of Nisum P.O.Nikum P.S-Arjunda, Tahsil Gunderdehi, Distt. Dury (M.P.) now Chhattisgarh.
VERSUS RESPONDENT Smt.Manita Bai ^W/o Suyash Gahel Lyed 26 years Resident of Villaye Kuthrel, P.S.Rancharai, Distt. Durg (M.P.) now Chhattisgarh. APPEAL U/s 47 of Guardians and Wards Act 1890 being aggrieved with the order dated 14.3.2002 passed by Shri M.K. o-' Tiwari, Third Additional District Judge Durg Chhattisgarh in Misc. Judicial Case No. 37/2000 between Suyash Gahel and Smt.Manita-Bai dismissing the application of the apgeallant U/s 25 of Guardians and Ward Act, the appellant beys to prefer this appeal on the following facts and yrounds:-" FACTS OF THE CASE
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HIGH COURT OF CHHATTISGARH. BILASPUR
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Miscellaneous Appeal No.539 oF 2002
APPELLANT/: Suyash Gahel (Applicant)
Versus
RESPONDENT/:
Smt. Manita Bai
(Non-applicant)
{AppealunderSect:ion47oFGuardiansandWardsAct1890}
Present:
Mr. Pankaj Agrawal, counsel For the appellant.
Mr. Wasim Miyan, counsel for the respondent.
Sinale Bench: hlon'ble Mr. T.P. Sharma. J
ORDER
(10-9-2013)
Soma
Sd/T. P. Sharma Judge
2 issues framed by the court
Whether an appeal minor guardianship challenge is maintainable if the minor has attained majority age of 18 years.
Whether the appeal under Section 47 of Guardians and Wards Act, 1890 becomes infructuous when the minor ward has turned 18.
1 provisions across 1 enactments
Suyash Gahel
Smt. Manita Bai
T.P. Sharma
Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
