NAGINBHAI DEVCHANDBHAI PARMAR Vs. DILIPBHAI DEVJIBHAI PARMAR

JUDGEMENT

(1.) CONSIDERING the impugned ex-parte order passed by the Ld. Addl. District Judge, Gandhinagar, on 2/4/2011 in Civil Misc. Application No. 134/2010, both, Mr. SA Khan, Ld. Advocate for the appellant and Mr. DS Bhalakia, Ld. Advocate for the respondent requested that the main appeal may be heard today. Accordingly, with the consent of both the learned advocates, the main appeal is heard today and is being disposed of by this judgment.

(2.) THE instant appeal is filed challenging ex-parte impugned order dated 2/4/2011 passed by the Ld. Addl. District Judge, Gandhinagar, in Civil Misc. Application No. 134/2010, whereby the respondent no. 1 herein, who was original applicant before the concerned trial Court, was declared as lawful guardian of minors Dhumil and Dev.

(3.) HOWEVER , Mr. Bhalakia, Ld. Advocate for the respondent opposed this appeal and submitted that no interference is warranted in the impugned order passed by the trial Court though it is true that the trial Court did not issue any specific notice to the appellant ­ father of the minors, but public notice was issued and pursuant to said public notice, the appellant could have appeared before the trial Court and could have opposed the main matter. Therefore, it is submitted that the appeal may be dismissed.