IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 100201 OF 2025 (GW)

BETWEEN:

1. SMT. VAJRESHWARI MAGAJIKONDI W/O. LATE DHANRAJ MAGAJIKONDI AGED ABOUT 42 YEARS, OCC. HOUSEHOLD WORK, 2. BHAGIRATHI MAGAJIKONDI D/O. LATE DHANRAJ MAGAJIKONDI AGED ABOUT 17 YEARS, D BH ig A it R al A ly T H si I g H ne M d by 3. SHWETA MAGAJIKONDI Location: HIGH COURT OF KARNATAKA D/O. LATE DHANRAJ MAGAJIKONDI D D H at A e: R 2 W 0 A 2 D 5. 1 B 0 E . N 28 CH

11:28:35 +0530 AGED ABOUT 17 YEARS, 4. ATHARVA MAGAJIKONDI S/O. LATE DHANRAJ MAGAJIKONDI AGED ABOUT 11 YEARS, (APPELLANT NO.2 TO 5 SINCE MINORS R/BY THEIR NATURAL MOTHER I.E. APPELLANT NO.1)

ALL ARE RESIDING AT: KAMARIPETH, 4^TH CROSS, HUBBALLI-580028.

…APPELLANTS (BY SRI. VINAYAK MEGUNDI,ADVOCATE)

AND:

NIL …RESPONDENT THIS MFA FILED U/S.47 OF THE GUARDIANS AND WARDS ACT 1980 PRAYING TO, SET ASIDE THE JUDGMENT DATED 20.11.2024 PASSED IN G AND WC NO.166/2024 BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS HUBBALLI AND FURTHER BE PLEASED TO GRANT PERMISSION TO SELL AND ALIENATE ALL THE SCHEDULE PROPERTIES MENTIONED IN THIS APPEAL FOR THE WELFARE OF THE MINOR APPELLANTS AND TO ADDRESS THE FINANCIAL LIABILITIES FACED BY THE FAMILY AND PASS SUCH OTHER AND FURTHER ORDERS AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

This MFA is preferred under Section 47 of the Guardians and Wards Act, 1980 praying for setting aside the order dated 20.11.2024 passed in G & WC No.166/2024 on the file of III Additional Senior Civil Judge and JMFC, Hubballi; to allow the appeal and to permit the appellants to sell and alienate scheduled properties mentioned in the appeal for the welfare of minor appellants, to address the financial liabilities faced by the family and for such other reliefs.

2. Parties would be referred with their ranks, as they were before the trial Court for sake of convenience and clarity.

3. Appellants-petitioners have filed the petition before the learned trial judge to appoint and to declare that petitioner No.1 as the minor guardian and to represent petitioner Nos. 2 to 5 to sell and alienate the common joint share of the minor petitioner Nos.2 to 5 in Schedule property Nos.1 to 6 and for such other reliefs.

4. The case of petitioners before the trial Court in a nutshell is that the petition schedule properties were the ancestral properties of petitioner Nos.2 to 5 who succeeded to it from their father-Dhanraj son of Tukaramsa Magajikondi, who died on 28.12.2023 leaving behind petitioner No.1-his wife and petitioner Nos.2 to 5-his minor children as his legal representatives. After his death, petitioners succeeded to the estate of the common joint share of Dhanraj Magajikondi in the above said properties which were the ancestral properties of the deceased and were holding them along with his brothers. Petitioner No.1 being the widowed mother is facing lot of problems to incur the expenses of the education of petitioner Nos.2 to 5 who are minors. Thus the family members intended to sell their share in the suit schedule properties, which involves the common joint share of petitioners and petitioner No.1 also intends to sell them for the best interest of her children i.e.

Petitioner Nos.2 to 5 i.e., for their health, education, marriage and other welfare. Petitioner No.1 being natural mother of the minor petitioner Nos.2 to 5 is taking care of them and they are under her care and custody and thus she is representing them. Petitioner No.1 does not have any other source of income to incur the aforesaid expenses.

Hence the petitioner No.1 prays for appropriate reliefs.

5. After filing of the petition,