BALAPPA Vs. AVVAKKA

JUDGEMENT

(1.) THE petitioner herein is the petitioner before the District Judge, Bagalkot in G and W. C. No. 14/2006. The petition is filed by him under Section-8a of Guardians and wards Act of 1890 to appoint him as the guardian of the person of minor Suresh, the adopted son of Dyavappa Navalalli of Kirsur village and to appoint the petitioner as the guardian of the properties bearing No. RS 34 and VPC. Nos. 54 and 359 of Kirasur Village of Bagalkot Taluk. Along with the petition an application under Section 12 of the Guardians and Wards Act was filed to pass an ex parte order for granting interim custody of the minor child Suresh till the disposal of the application. The application filed by the petitioner for grant of interim custody is rejected by the trial Court. Challenging the same the present petition is filed.

(2.) THOUGH the matter is listed for admission, Mr. Balagangadhar has filed power for the respondent and by consent of both the parties I have heard the learned counsel for both ihe parties on merits.

(3.) THE petitioner and his wife Fakiravva have given their son Suresh in adoption to the maternal grand parents of Fakiravva namely dyavappa and the respondent Avvakka under a registered adoption deed dated 31-10-1996. Thereafter Dyavappa died on 15-9-2001. Considering the relationship between the genitive parents and adoptive parents, they were all residing together in the same house at Kirrsur Village. After the death of Dyavappa. it appears dispute arose between the adoptive mother and genitive parents of the minor which resulted in the minor Suresh and the adoptive mother filing a suit against the petitioner and his wife for bare suit for injunction before the Civil Judge (Jr. Dn), Bagalkot in o. S. NO. 61/2006.