BACHCHU PAUL Vs. DULAL CH. ROY

JUDGEMENT

(1.) This appeal is filed by the original objector who had opposed to the miscellaneous civil application [Civil Misc.(GC)36 of 2017] filed by the respondent herein under Section 7 of the Guardians and Wards Act, 1890 (hereinafter to be referred to as the 'said Act') for appointing him as a guardian of the minors and for permitting sell of the property of the minors.

(2.) Brief facts are as under :

(3.) The learned Judge in the impugned judgment noted that the suit filed by the appellant herein was dismissed by the trial Court by a judgment dated 17th June, 2016. The Court had given sufficient time to him to submit a stay order in appeal which he claimed to have filed. However, he failed to produce any such stay order till 5th February, 2019 or even till the date of passing of the judgment. The Court noted that the injunction application filed by the said objector was rejected by the Court on 1st February, 2019. The Court, thereafter, proceeded to examine the request of the applicant and found valid reasons to permit him to dispose of the properties including the interest of the minors. He was, therefore, appointed as the guardian of the minors and permitted to dispose of 50% share of the land. This judgment the appellant-original objector has challenged in the appeal.