JUDGMENT :

1. Heard Shri Arvind Srivastava (Advocate Roll No. A/A 1244/12) learned counsel for the plaintiff/appellant and Sri Komal Mehrotra, learned counsel representing the defendant/ respondents.

2. The FAFO raises a purely legal issue. The respondent has already put in appearance and the Court is of the opinion that no useful purpose shall be served by keeping the FAFO pending.

3. With the consent of the parties, the FAFO is being decided finally at the admission stage itself.

4. The instant FAFO under Section 8 (C) of the Hindu Minority and Guardianship Act 1956 has been filed assailing the order dated 04.10.2023 passed by the Additional District Judge, Saharanpur, in Misc. Case No. 276 of 2022 registered under Section 8 of the Hindu Minority and Guardianship Act 1956 whereby and whereunder the Application on behalf of the plaintiff/ appellant (Paper No. 4-B) supported by affidavit seeking permission to sell the property in the interest of minors has been rejected on flimsy grounds.

5. It is the case of the Plaintiff/Appellant that she is a widow. Her husband expired on 17.03.2021 leaving behind her and 3 daughters besides his mother. The husband of the Plaintiff/Appellant had 1/2