KAILASHBEN Vs. NOT APPLICABLE

JUDGEMENT

(1.) In this appeal under section 47 of the Guardians and Wards Act (GNW Act for short) read with section 96 of the Code of Civil Procedure, 1908 (the Code for short), the appellant has assailed the judgment and order dated 5.7.2021 passed by the learned Second Additional District Judge, Dhangadhra in Civil Miscellaneous Application No.14 of 2020 whereunder the application under section 9 of the GNW Act for permission to sell the undivided share of minor is rejected.

(2.) Heard Mr. Saurin Mehta, learned advocate for the appellant.

(3.) Mr. Mehta submits that the application preferred by the appellant under section 9 of the GNW Act was not adversarial as no objections were filed for not granting the permission to sell the undivided share of the minor son of the appellant. Relying upon the decision of this court in the case of Sankhala (Mali) Kantaben Wd/o Bharatbhai Laljibhai v. Rabari Panchabhai Chelabhai , 2020 AIR(Guj) 205, he submits that as such under section 12 of the GNW Act, no permission is required to sell the undivided share of minor. He, therefore, urges that the impugned judgment may be set aside and the appellant may be permitted to sell the undivided share of her minor son.