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B.V.NAGARATHNA, K.NATARAJAN
M. V. Krishna Murthy – Appellant
Versus
Arun C. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Miss. Sofiya Mansoor Advocate for Sri Kamaluddin Ahmed Advocate
For the Respondent:Smt. Sunitha M. Advocate

JUDGMENT

B.V. Nagarathna, J.—Though this appeal is listed for hearing on interlocutory application namely, IA No.2 of 2018, seeking stay of the judgment dated 25/10/2018 passed in Guardians and Wards Case No.106 of 2017 by the I Additional Principal Judge, Family Court at Bengaluru, we have nevertheless heard learned counsel for the respective parties at length. We have also interviewed the respondent-father of the minor child Kumari A.Kushi and his second wife and the maternal grand-father of the minor child and thereafter, we have proposed the following judgment.

2. This appeal is preferred by respondent No.1 before the Family Court who is the maternal grand-father of the minor child Kumari A.Kushi, assailing the judgment passed by the said Court in G&W Case No.106 of 2017. The respondent-father of the child filed a petition under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as ‘the Act’ for the sake of brevity), seeking his appointment as the guardian and for permanent custody of the minor child, Kushi. At this stage, itself we may observe that the maternal grand-mother of Kushi who is respondent No.2 before the Family Court has not assailed the said

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