SIDDAMMA Vs VISHWANATH AND ANR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH

DATED THIS THE 1^ST DAY OF FEBRUARY, 2023

PRESENT

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON’BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO.200805/2018(G & WC)
A/W.
MFA CROB. NO.200027/2019

IN MFA NO.200805/2018

BETWEEN:

SIDDAMMA W/O. NARSINGRAO GADGIKAR,
AGE: 65 YEARS,
OCC: HOUSEHOLD,
R/O. H.NO.9-5-501,
ADASH COLONY,
NEAR SAI TEMPLE,
BIDAR
... APPELLANT
(BY SRI RAVI B. PATIL, ADVOCATE)

AND:

1.
VISHWANATH,

S/O. MALHARRAO SRINGERE,

MFA No.200805/2018 A/w.
MFA CROB. No.200027/2019
2

AGE: 75 YEARS

OCC: PENSIONER

2.
SUSHILABAI,

W/O. VISHWANATH SRINGERE,

AGE: 67 YEARS, OCC: PENSIONER,

BOTH ARE R/O. 'MAHESH KUNJ',

KHORI GALLI,

LATUR – 413 510

(M.S.)

… RESPONDENTS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 47(g) OF G & WC ACT, PRAYING TO
CALL FOR RECORDS AND SET ASIDE THE IMPUGNED
ORDER DATED 11.04.2018 PASSED BY THE COURT OF
PRL. SENIOR CIVIL JUDGE & CJM, BIDAR, IN G & WC
NO.03/2013 AND CONSEQUENTLY ALLOW THE PRESENT
APPEAL AND DISMISS THE PETITION IN ENTIRETY.

IN MFA CROB. NO.200027/2019

BETWEEN:

1.
VISHWANATH S/O. MALHARRAO SRINGERE

AGE: 76 YEARS, OCC: PENSIONER,

R/O. 'MAHESH KUNJ' KHORI GALLI,

LATUR - 413 510

(M.S.)

2.
SUSHILABAI W/O. VISHWANATH SRINGERE

AGE: 68 YEARS, OCC: PENSIONER,

R/O. 'MAHESH KUNJ' KHORI GALLI,

MFA No.200805/2018 A/w.
MFA CROB. No.200027/2019
3

LATUR - 413 510

(M.S.)
... CROSS-OBJECTORS

(BY SRR HARSHAVARDHAN R. MALIPATIL, ADVOCATE)

AND:

SIDDAMMA W/O. NARASINGRAO GADGIKAR
AGE: 68 YEARS, OCC: HOUSEHOLD,
R/O. H.NO.9-5-501,
ADARSH COLONY,
NEAR SAI TEMPLE,
BIDAR-585 401
… RESPONDENT
(BY SRI RAVI B. PATIL, ADVOCATE)

THIS MFA CROB. IS FILED UNDER SECTION 41 RULE 22
OF CPC, PRAYING TO SET ASIDE THE ORDER DATED
11.04.2018 IN G & WC NO.3/2013 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE & CJM AT BIDAR INSOFAR AS IT
PERTAINS TO REJECTION OF APPOINTMENT OF PETITIONERS
AS
GUARDIAN
AND
CONSEQUENTLY
APPOINT
THE
PETITIONERS AS GUARDIAN, IN THE INTEREST OF JUSTICE
AND EQUITY.

THE MFA AND THE MFA CROB. COMING ON FOR
ORDERS,
THROUGH
PHYSICAL
HEARING/VIDEO
CONFERENCE, THIS DAY SREENIVAS HARISH KUMAR, J.,
DELIVERED THE FOLLOWING:

The appeal and the cross-objection have become

infructuous. Because the Ward – Shreya Gadgikar has

attained majority. She is present before the Court and

submits that her present age is 19 years and is a

student of II year Pre-University Course at Davanagere.

Taking note of the fact that the Ward has

attained majority we dismiss the appeal and also the

cross-objections.

Learned counsel for the parties draw our

attention to certain observations made by the court

below and seek to expunge the same. The observation

is that after taking the opinion of the ward i.e., Kumari

Shreya Gadikar, the Deputy Commissioner, Davanagere

or Bidar may be appointed as her guardian. And in the

operative portion of the order of the court below, there is

another direction that respondent therein i.e., Siddamma

shall be kept in civil prison in case she would fail to

submit the statement of accounts and that she should be

sent to civil prison to serve sentence for a period of six

months

for

having

removed

the

ward

from

the

jurisdiction of the court.

Having regard to the circumstances made out

in the appeal filed by respondent – Siddamma, we are of

the opinion that directions given by the court below to

commit her to civil prison in case of her failure to furnish

accounts, and for the purpose of serving sentence for six

months can also be set aside and ordered accordingly.

As regards appointment of Deputy Commissioner as

guardian, we state that since the girl has attained

majority, there is no need to appoint the Deputy

Commissioner as guardian.

Learned counsel for the appellant has filed

memo producing Bank Statement for the period from

07.06.2013 to 04.01.2023, which shows that a sum of

Rs.1,22,52,636/- is available in the joint fixed deposit

account in the names of Kumari Shreya Gadikar and her

grandmother – Siddamma Gadgikar, at Axis Bank,

Chandanagar Branch, Serilingampally, R.R. District,

Telangana. Kumari Shreya Gadgikar submits that the

fixed deposit be continued in the joint account and she

has no objection for that. Therefore till she completes

her education, the joint account shall continue.

Kumari Shreya is at liberty to meet any of her

relatives on the paternal and maternal side.

Sd/-

JUDGE

Sd/-

JUDGE

SBS*

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