JAGRUTIBEN DHARMESHBHAI SUHAGIYA Vs. NONE

JUDGEMENT

(1.) Heard learned Advocate Mr.Bhaumik Dholariya for the appellant. At the request of this Court, learned AGP Mr.M. D. Rahevar had also assisted the Court.

(2.) By way of this appeal, the appellant - original applicant seeks direction of this Court to quash and set aside the impugned judgement and order dtd. 25/2/2022 passed by the learned 7th Additional District Judge, Surat in CMA DC No.80 of 2020 so far as it pertains to declining the permission to sell the share of the minors in the property in question.

(3.) The facts leading to filing of the present First Appeal, in brief, are that the husband of the appellant, Dharmeshbhai Maganbhai Suhagiya, who had expired on 26/12/2018, had an undivided share in the property bearing Flat No.501 (as per Plan, Flat No.508) of Building No.B, 5th Floor of Swapna Residency situated on non-agricultural land bearing Revenue Survey No.209, Block No.228, T.P. Scheme No.60 (Puna), Final Plot No.98 in the sim of Village Puna, Sub-district Surat City, District Surat. As the appellant was in dire need of funds for the well being and education of her minor children, daughter Paridhi and son Aryam, she had intended to sell minors ' share in the above property. For such purpose, the appellant had filed an application being CMA DC No.80 of 2020 before the Court of 7th Additional Sessions Judge, Surat, which application was partly allowed, granting the prayer for guardianship and rejecting the prayer for permission to sell the share of the minors in the property in question. Aggrieved by the said impugned judgement and order, the present First Appeal has been preferred.