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2021 Supreme(All) 864

RAVI NATH TILHARI
Nirali Dixit – Appellant
Versus
State Of U. P. Thru. District Magistrate, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashok Kumar Singh, Mahima Pahwa

JUDGMENT :

1. Heard Sri Prashant Chandra, learned Senior Counsel, assisted by Ms. Mahima Pahwa, learned counsel for the appellant.

2. This appeal has been filed under Section 47 of the Guardians and Wards Act, 1890 (hereinafter referred to as ‘the Act, 1890) challenging the judgment and order dated 09.09.2021 passed by learned Additional District and Sessions Judge/Special Court, Prevention of Corruption Act, court no. 2, Lucknow in Misc. Case No. 529 of 2021 (Nirali Dixit vs. State of U.P. and Ors.) whereby appellant’s application B-3, was rejected as not maintainable.

3. The appellant is widow of Aditya Singh, the elder brother of Aryan Singh (minor)- respondent no. 2.

4. Misc. Civil Case No. 516 of 2020; CNR No. UPLKO10092532020 was filed by Aditya Singh, for his appointment as Guardian of the Minor under Section 7 of the Guardians and Wards Act, 1890 on 28.09.2020, upon the death of the parents of the minor, which was allowed vide judgment and order dated 15.12.2020, appointing Aditya Singh to be the Guardian of Aryan Singh (minor).

5. Aditya Singh also died (suicide) on 09.08.2021.

6. The appellant filed an application B-3 under Section 151 of the Code of Civil Procedure r/w Section

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