Final Order 1

Order Details: Notice of Motion
Pdf Text: Advocate Mr. H. P. Pandey for Plaintiff present Advocate Mr. Gajanan Shinde for Defendant
present Heard. ORDER ON NM NO.1087/2019 This Notice of Motion is taken out by Plaintiff
no.1A for appointing Guruprasad son of Rajkumar Yadav as the guardian of minor Plaintiff nos.1C,
1D and 1E who are brought on record after death of Plaintiff no.1B. Mr. Guruprasad son of
Rajkumar Yadav the CA of Plaintiff no.1A has filed his affidavit in support of Notice of Motion
contending that Defendant nos.1C to 1E are minors and Mr. Guruprasad son of Rajkumar Yadav
with his wife is taking care of those minors and he is maintaining those minors who are residing
with him since their birth. Defendant Bhaglal Yadav has resisted Notice of Motion contending that
Notice of Motion is false and frivolous and if Notice of Motion will be allowed Defendant will
suffer from prejudice. It is also contended that Mr. Guruprasad son of Rajkumar Yadav is not proper
person to act as guardian of minors hence Defendant has prayed to dismiss the Notice of Motion.
Heard Plaintiff&amp#039s advocate submitted that Plaintiff no.1C Pratibha Ramlautan Yadav
has become major hence it is not necessary to appoint guardian for her however Plaintiff nos.1D
and 1C are yet minors and to protect their interest guardian is necessary to be appointed. Defendants
advocate also has brought it to the notice of the Court that Plaintiff no.1C now has become major
and therefore prayer for appointing guardian for Plaintiff no.1C can not be granted. I have given
serious consideration to the submissions. As the suit is filed for partition of suit property definitely
the interest of minor Plaintiff nos.1D and 1E is necessary to be protected. However, as Plaintiff
no.1C has become major she may appear herself in the matter for protecting her own interest, hence
I proceed to pass following order - ORDER 1. Notice of Motion no.1087 of 2019 is partly allowed
in terms of prayer clause (a). 2. Mr. Guruprasad son of Rajkumar Yadav, CA of Plaintiff no.1A is
hereby appointed as guardian to represent minor Plaintiff nos.1D and 1E in this suit only. 3. Plaintiff
no.1A is directed to make necessary amendment in the plaint within stipulated time provided by
law. Case is adjourned to 21/02/2020 for Compliance.
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