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Namrata Chirag Shah vs Na on 5 December, 2019

C/FA/5646/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5646 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5646 of 2019

NAMRATA CHIRAG SHAH
Versus
NA

Appearance:
MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1
for the Defendant(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE

Date : 05/12/2019

ORAL ORDER

1. Heard learned advocate Mr. Anurag Rathor for learned
advocate Mr. Ashish M. Dagli for the appellant.

2. The Present First Appeal is filed challenging the judgment
and order dated 20.03.2019, passed in Civil Misc. Application
No.194 of 2018 before the the District Court, Rajkot U/s. 8 of the
Hindu Minority and SectionGuardianship Act and Section 29 of the
Guardians and SectionWards Act seeking permission to sale undivided
share of minor Kamya in the joint property.

3. Learned 14th Additional Sessions Judge, Rajkior by his order
dated 20.03.2019 partly allowed the application, whereby appellant
was entrusted with responsibilities for managing property of minor
Kamya. However, permission to sale the property came to be
refused. It appears from the impugned order that the permission
to sale the property is refused essentially on the ground that
appellant could not produce the details regarding studies and the

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C/FA/5646/2019 ORDER

expenditure, which is likely to be incurred for study in foreign
University.

4. Mr. Rathor, learned advocate appearing for the appellant
submitted that certain documents are received by the appellant
which would in his opinion necessary to satisfy the Court that in
fact, minor Kamya will be sent to abroad for further studies. He
further submits that in fact appellants son, who is elder to minor
Kamya has already shifted to the abroad and appellant is also going
to shift abroad permenantly. He submits that the matter may be
remitted to the trial Court to enable the appellant to produce
necessary evidence regarding study and the expenses which is
likely to be incurred in the foreign University.

5. For the forgoing reasons, appeal is partly allowed, The
impugned order date 20.03.2019 passed by the learned 14th
Additional Sessions Judge, Rajkot in Civil Misc. Application No.194
of 2018 is hereby quashed and set aside. The matter is remitted to
the trial Court for fresh consideration. The trial Court shall decide
the same in accordance with law after affording an opportunity of
adducing oral as well as documentary evidence to the appellant.
The trial court is also directed to decide the matter on the basis of
the evidence which is available on the record and the further
evidence that may be adduced. First Appeal is disposed of
accordingly. Direct service is permitted.

6. In view of the disposal of the main appeal, Civil Application
does not survive and disposed of accordingly.

(A.G.URAIZEE, J)
DRASHTI K. SHUKLA

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