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Lahari vs None on 19 August, 2019


S.B. Civil Misc. Appeal No. 1400/2019




For Appellant(s) : Mr. Ajay Vyas
For Respondent(s) :




The matter comes upon an application for early listing of the

present appeal.

For the reasons mentioned in the application, the same is

allowed and the matter is heard today itself.

The present misc. appeal has been filed against the order

dated 12.04.2019 passed by the District Judge, Rajsamand. The

learned court below has rejected the application filed by the

appellant under Section 29 of the Guardians and SectionWards Act, 1890

seeking permission for disposing of the agriculture land for the

purpose of better upbringing of his wards and to meet day to day

expenditure of the family.

The learned court below after hearing the counsel for the

appellant has dismissed the application on the ground of non-

joinder of the necessary party as well as on the ground that no

particulars have been mentioned that when and to what extent,

the need to sell the agriculture land arose and for what purpose,

the same has been sold. It has also been observed by the learned

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court below that it is not made clear by the appellant that why the

entire piece of land is required to be sold for upbringing of the

kids/children of the appellant.

I have heard the counsel for the appellant and this Court is

of the view that need to meet the day to day expenditure of a

family is to be looked into and decided by the guardian/parent of

the children and the fact that the appellant is having 09 children

and out of which, 08 are minor, the requirement of the

expenditure can very well be understood. It should be left open to

the discretion of the guardian/parent to decide in the best interest

of the children. However, I am of the view that since the appellant

wants to dispose of the entire piece of agriculture land and one of

his child who has attained majority is a necessary party in the

matter, therefore the child is required to be heard before passing

any order.

In these circumstances, the present appeal is dismissed with

liberty to the appellant to approach the learned court below by

filing fresh application with the necessary averments and details

regarding the requirement of meeting the expenditure for

upbringing of his kids/children to be satisfied by selling of piece of

land and impleading the necessary party.

It is expected from the learned court below that the

application will be disposed of at the earliest preferably within a

period of two months from the date of filing of the application.



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