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2016 Supreme(Ker) 910

K.SURENDRA MOHAN, MARY JOSEPH
Prathapan – Appellant
Versus
Aghileswary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Manu Ramachandran
For the Respondent: Sri. Ajaya Kumar G.

JUDGMENT :

Mary Joseph, J.

The order dated 20.10.2015 of the IIIrd Additional District Court, Kollam (for short 'the court') in O.P.(G&W) No.185/2013 is under challenge in this appeal.

2. O.P(G&W) No.185/2013 was filed by one Aghileswary S. as the petitioner before the court seeking for appointment of herself as the guardian of the person and the property of the ward viz., Bhagya and permission to utilise the income from the immovable property of the ward for her welfare. The court tried the case and the evidence on record consists of the uncontroverted testimony of the petitioner, as sworn to by her in the proof affidavit filed and the documentary evidence appended along with it as Exts.P1 to P4. On appreciation of the oral and the documentary evidence on record and after hearing the counsel representing the petitioner, the court allowed the original petition on 20.10.2015 in petitioner's favour on the following terms:-

"(i) Declaring that the petitioner is the guardian to the person and property of the minor Bhagya aged 2 years, on the date of petition and allowed the custody of minor till attaining majority.

(ii) The petitioner is allowed to take possession of A and B schedule proper






























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