( 1 ) INSTANT appeal has been preferred against order dated 10-2-04 passed by learned Addl. District Judge, court no. 4 fatehpur in civil suit no. 26/70/02 (Rajendra kumar Shukla and others v. Vishnu Kumar shukla and others) whereby the Application 4-A moved by the appellant Rajendra Kumar shukla and his wife Smt. Kusma Shukla for handing over minor Yaklendra Kumar shukla in tneir guardianship was rejected.

( 2 ) HEARD Sri M. P. Yadav, learned counsel for the appellant and Sri S. K. Pal learned counsel for respondent no. 1 and 2 and Sri amit Srivastava learned counsel for the respondents and have gone through the record.

( 3 ) THE facts as disclosed from the record is that Rajendra Kumar Shukla is resident of village Shivramau, P. S. Ghazipur, district fatehpur. At present he lives in House No. 92/93 LIG, Avas Vikas Colony, Civil Lines, fatehpur. Opposite party no. l Vishnu Kumar shukla and opposite party no. 2 Smt. Ansuiya Devi @ Bitti wife of Vishnu Kumar shukla live in Mohalla Krishna colony, hariharganj, Town Fatehpur. Vishnu Kumar shukla is real brother of applicant Rajendra kumar Shukla. Opposite party no. 3 Smt. Usha Devi is wife of Late Tej Kumar Shukla and lives in village

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