BULA YEDUKONDALU Vs. STATE

JUDGEMENT

(1.) Appellant in this civil miscellaneous appeal is the applicant in Guardian O.P.No.120 of 2009 on the file of the Court of the Principal District Judge, East Godavary, Rajahmundry (District court). He filed that OP for appointing him as guardian of the minors Mande Naga Vinay and Mande Devi and for their property. That OP was dismissed by the District Court by order dated 15.09.2009. It is the correctness of that order which is questioned in this appeal.

(2.) It is not necessary to go into all the facts and circumstances under which the appellant claims to be appointed as guardian of the minors and their property. It would be sufficient to note that the appellant earlier filed a similar application i.e. O.P.No.19 of 2007 before the District Court but that was made over by that court to the Family Court at Rajahmundry and was re- numbered there as O.P.No.59 of 2008 and it was decreed by the Family Court by its order dated 18.06.2008.

(3.) On the plea that the Family Court has no jurisdiction to appoint a person as guardian for the property of minors and therefore the decree granted by the Family Court is null and void, the appellant again filed the present OP seeking his appointment as guardian of the aforesaid minors and their property. The District Court dismissed the present OP by the impugned order on the ground that the appellant should have taken objection to the jurisdiction of the Family Court before that court itself and since he failed to do so, the decree passed by the Family Court must be held to be in force until it is set aside and consequently the present OP is not maintainable.