HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Misc. Appeal No. 1400/2019
Lahari
—-Appellant
Versus
None
—-Respondent
For Appellant(s) : Mr. Ajay Vyas
For Respondent(s) :
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/08/2019
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.
(VINIT KUMAR MATHUR),J
37-praveen/-
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