C CHENNA BASAPPA Vs. LINGAMMA

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 1-1-2005 in G and WC No. 61/2004 passed by the 6th additional City Civil Judge, Bangalore City, allowing I. A. No. 1 filed under Order 39 rules 1 and 2 CPC, I. A. No. 2 filed under order 40 Rule 1 CPC, partly allowing I. A. No. 6 filed under Section 12 of the Guardians and Wards Act, disposing I. A. No. 5 filed under Section 12 of the Guardinas and Wards act and rejecting I. A. No. 3 filed under Section 12 of the Guardians and Wards Act.

(2.) ONE Sri L. Chandrashekar and Smt. Premakumari are husband and wife. They had twb minor children by name, A. C. Muktesh and A. C. Nayan. In a road accident, on 19-7-2004, Sri L. Chandrashekar and Smt. Premakumari died leaving behind their estate and their two minor children. Petitioner who is the maternal grandfather of minor children filed a petition under Section 7 of the Guardian and wards Act ('the Act' for short) in G and WC No. 61/2004 to appoint him as the guardian of the minor children and the properties. The second respondent who is the brother of the deceased Sri L. Chandrashekar filed G and WC No. 60/2004 to appoint him as the guardian of the minor children and the properties. The trial court by a common order appointed the second respondent as the guardian of the minor children and as the receiver of the properties subject to certain conditions. Hence, this writ petition.

(3.) HEARD arguments on both the sides and perused the entire writ papers.