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2016 Supreme(Bom) 1339

P.R.BORA
Suresh s/o Damu Patil – Appellant
Versus
Ku. Champawati d/o Damu Patil – Respondent


Advocates Appeared:
For the Appellant :Mr. Farooqui Kamaloddin N Advocate.
For the Respondent: Mr. Gamot Praveen B, Adv.

JUDGMENT :

1. With the consent of the parties, the present appeal is taken up for final disposal at admission stage.

2. The appellant has challenged the order passed by the learned District Judge-II, Bhusaval, on 2nd of April, 2016, in Civil Miscellaneous Application No.67/2015. The aforesaid Miscellaneous Application was filed by the present respondent no.2 under Section 39 of the Guardians and Wards Act, 1980, seeking cancellation of the guardianship of the present appellant as a guardian of Kum. Champavati Damu Patil i.e. present respondent no.1. In the aforesaid application, present respondent no.2 had also prayed for appointing him as a guardian of respondent no.1 Kum. Champavati under Section 8 read with Section 10 of the Guardians and Wards Act, 1980. The learned District Judge has allowed the aforesaid application. Aggrieved thereby, the present appeal is filed.

3. When this appeal was taken up for hearing, apparently, it was noticed by this Court that no orders could have been passed in the present matter under the provisions of the Guardians and Wards Act, 1980 in view of the fact that Kum. Champavati Damu Patil whose guardianship was sought in the aforesaid application is a















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