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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 18^TH DAY OF MARCH 2021

PRESENT

THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD

AND

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO.201831/2018 (G&WC)

Between:

Smt. Nagratna M. W/o Manappa J.A.

Age: 39 Years, Occ: Household

R/o Door No.616, BDCC Bank Colony

M.J. Nagar, Hospet, Dist. Bellary

... Appellant

(By Sri R.V. Nadagouda, Advocate)

And:

Prashant S/o Basanna Pattar

Age: 36 Years, Occ: Agriculture

R/o Hutti Camp, Tq. Lingasugur

Dist. Raichur-584 101

... Respondent

(By Sri Sudhir Singh R. Vijapur, Advocate)

This Miscellaneous First Appeal is filed under Section

47 of Guardians and Wards Act, 1890, praying to allow the

appeal by setting aside the order dated 12.01.2018 passed in

G & WC No.11/2017 on the file of the Senior Civil Judge &

JMFC, Lingasugur and accordingly dismiss the petition

thereby appointing the appellant as guardian of the minor

wards.

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This

appeal

coming

on

for

orders,

this

day,

B.M.Shyam Prasad, J. delivered the following:

JUDGMENT

This appeal is filed impugning the order dated

12.01.2018 in G & WC No.11/2017 on the file of the

Senior Civil Judge & JMFC, Lingasugur (for short, 'civil

Court'). The civil Court by this impugned order has

appointed the respondent, Sri. Prashant S/o Basanna

Pattar, as the guardian of two minor children, Master

Basavaraj and Miss. Deepa, to receive the terminal

benefits payable by the employer of their father on his

demise in harness.

2.

The two minor children have unfortunately

lost their parents in quick succession. The mother of

the two minor children has died on 03.07.2016 while

giving birth to the younger child, Miss. Deepa, and the

father has died on 18.03.2017, within seven months

from the date of the death of their mother. M/s. Hutti

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Gold Mines Company Limited, PO: Hutti, Raichur

District is the employer of the father.

3.

The respondent, who is the elder brother of

the minors' deceased father, has filed application before

the civil Court under Section 10 of the Guardians and

Wards Act, 1890 for his appointment as guardian to

receive, for the benefit of the children, the death benefits

payable by M/s. Hutti Gold Mines Company Limited.

The respondent has asserted that the minor children

are under his care and custody and he would look after

the interest of the children. The respondent has not

arrayed any other relative of the minors as respondents.

4.

The civil Court has issued citation of the

application in Kannada local daily called "Suddi Moola".

As none appeared pursuant to such citation, the civil

Court, after examining the respondent and his mother,

has allowed the application appointing the respondent

as the guardian entitled to receive the terminal benefits

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from M/s. Hutti Gold Mines Company Limited with a

direction to keep that amount in deposit until the

children attain the age of majority.

5.

This appeal is filed by the children’s

deceased father's sister. She asserts that the minor

children are under her care and custody and that the

respondent suffers from a certain affliction which would

disqualify him from being appointed as the guardian of

the minor children. The appellant states that the eldest

of the minor children i.e., Master Basavaraj is studying

in Kendriya Vidyalaya T.B. Dam, Hospet. This court on

13.01.2020, directed M/s. Hutti Gold Mines Company

Limited to deposit the terminal benefits with this court.

In compliance of this direction, M/s. Hutti Gold Mines

Company Limited has deposited a total sum of

Rs.10,95,023/-.

6.

The appellant and the respondents are

present before the court with the minor children. The

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respondent has filed a memo stating that the appeal

could be allowed appointing the appellant as guardian

of the minor children. The learned counsels for the

parties identified the appellant and the respondent as

well as th