PANCHAL HARESHKUMAR DHULABHAI Vs. SUTHAR DAHIBEN DHULABHAI

JUDGEMENT

(1.) By way of present Appeal under Sec. 47 of the Guardians and Wards Act , 1890, the appellants - original applicants have challenged judgment and order dtd. 15/2/2022 passed by learned Principal Sessions Judge, Arvalli at Modasa in Civil Misc. Application No.10 of 2021. The said application was filed by appellant No.1 - Panchal Hareshkumar Dhulabhai who happens to be maternal uncle of one of his sister's daughter viz. minor Ragini to appoint him as her guardian and also prayed to permit him to sell the property in which her deceased sister i. e. mother of Ragini had share in the property on her parental side.

(2.) The learned Sessions Judge has dismissed the application on the ground that though the maternal uncle requested to appoint him as guardian of minor Ragini, he has not joined the father of minor Ragini as party.

(3.) As per the observations made in the order dtd. 21/3/2022 passed by this Court, the father of minor Ragini came to be joined as respondent No.5 in the present proceedings. By order dtd. 21/4/2022, the Court directed appellant No.1 as well as respondent No.5 to remain present before this Court. Accordingly, both of them have remained present. Learned advocate Mr. Deep Kothari appearing for the appellants has identified appellant No.1 viz. Panchal Hareshkumar Dhulabhai, whereas learned advocate Mr. Tanmay Karia appearing on behalf of learned advocate Mr. Shaival Patel has identified respondent No.5 viz. Panchal Babubhai Dhulabhai. Learned advocate Mr. Karia has also produced a xerox copy of Adhar Card signed by respondent No.5 which is taken on record.