The High Court dismissed an appeal filed by the grandfather of a minor against the dismissal of his application to be appointed guardian. The court held the appeal was infructuous as the minor had attained majority before the decision.
Appeal dismissed as having been rendered infructuous due to the minor 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.
FAO No.348 of 1997
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.348 of 1997 Date of decision: 07.08.2013
Thakar Dass
.....Appellant
versus
General Public and others .... Respondents
CORAM : HON’BLE MR. JUSTICE S.S.SARON HON’BLE MR. JUSTICE S.P.BANGARH
Present:Mr. Ashish Gupta, Advocate for the appellant.
None for the respondents.
S.S. SARON, J.
The appellant-Thakar Dass, who is the grand-father of the minor Renu Bala, has filed this appeal against the judgment and order dated 20.11.1996 passed by the learned Civil Judge (Senior Division), Sangrur whereby his application for declaring him as guardian of the person and property of minor Renu Bala has been dismissed.
The appellant filed an application for appointing him as guardian of the person and property of his grand-daughter Renu Bala. She was residing under the guardianship of the appellant. Father and mother of the minor namely Ashok Kumar and Kanta Devi were public servants in the Education Department, Haryana. They died in a bus accident at Khanauri on 25.09.1988. There was no Amit Kaundalother natural guardian of the minor except the appellant. The minor 2013.08.22 12:17 I attest to the accuracy and integrity of this document Chandigarh
FAO No.348 of 1997
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had no other relatives; besides him.
Notice of the application was given to the General Public through 'Ranjit' newspaper Patiala as well as the persons mentioned in the list being near relatives.
Appearance was put in on behalf of Shri Bhagwan Dass, Satya Devi and Surinder Kumar who were near relatives of the minor from the maternal side. Tara Devi and Rajinder Kumar came present in person but later on they did not appear and were proceeded against ex parte on 22.02.1989. The application was contested by the maternal side of the minor.
The learned Civil Judge (Senior Division), Sangrur dismissed the application filed by the appellant. Aggrieved against the same, Thakar Dass has filed the appeal.
The date of birth of the minor Renu Bala is 09.04.1986, therefore, by now she has attained the age of majority. It is now for her to live wherever she wants. In the circumstances, the present appeal has been rendered infructuous as the minor has attained the age of majority.
Therefore, the appeal is dismissed as having been rendered
infructuous.
(S.S. SARON) JUDGE
(S.P. BANGARH) JUDGE
07.08.2013 A.Kaundal
Amit Kaundal 2013.08.22 12:17 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the appeal which questioned the dismissal of an application for appointing a guardian of a minor has become infructuous since the minor subsequently attained the age of majority.
Thakar Dass
General Public
S.S. Saron
S.P. Bangarh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
