The Madras High Court dismissed a Civil Miscellaneous Appeal filed under the Guardian and Wards Act, 1890, as infructuous because the minor children involved in the original petition had attained majority by the time of the appeal.
The Civil Miscellaneous Appeal is dismissed as infructuous; no costs; the connected Miscellaneous Petition is closed.
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.
C.M.A.(MD)No.758 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.09.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.758 of 2012 and M.P.(MD)No.1 of 2012
V.Balasaravanan .. Appellant / Petitioner Vs. P.Kavitha .. Respondent / Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 47 (a) of the Guardian and Wards Act, 1890, against the fair and decreetal order, dated 30.03.2012, passed in G.W.O.P.No.9 of 2008, on the file of the Principal District Court, Thiruchirappalli.
For Appellant : Mr.D.Nallathambi For Respondent : Mr.N.C.Ashok Kumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the against
the order, passed in G.W.O.P.No.9 of 2008, on the file of the Principal District Court, Thiruchirappalli, dated 30.03.2012. The appellant herein is the petitioner and the respondent herein is the respondent in the original Petition.
C.M.A.(MD)No.758 of 2012
20.09.2022
Index : Yes/No Internet : Yes/No Ls
Note : In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
C.M.A.(MD)No.758 of 2012
To
V.R. Section, Madurai Bench of Madras High Court,
Madurai.
C.M.A.(MD)No.758 of 2012
R. THARANI, J.
Ls
Judgment made in C.M.A.(MD)No.758 of 2012
20.09.2022
2 issues framed by the court
Whether a guardianship appeal is maintainable when the minors have attained majority.
Whether the Civil Miscellaneous Appeal filed under Section 47 of the Guardian and Wards Act is declared infructuous.
V.Balasaravanan
P.Kavitha
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
