Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.190/2019 1
Presented on : 02/08/2019
Registered on : 02/08/2019
Decided on: 18/01/2021
Duration : 01Y 05M 16D
IN THE BOMBAY CITY CIVIL COURT AT GREATER
MUMBAI
GUARDIAN PETITION NO.190 OF 2019
(CNR No.MHCC02-008101-2019)
Zia Dildar Shaikh ]
Aged about 43 years, ]
Indian Inhabitant of Mumbai ]
R/at: Flat No.126, 12th Floor, ]
Aakash Darshan CHS Ltd., ]
Plot No.343, St. Anthony’s ]
Street, Vakola, Santacruz (E), ]
Mumbai-400055. ] … Petitioner
Appearance:
Mr. Kaustubh Javle, Ld. Advocates for the petitioner.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 18th JANUARY, 2021
(Dictated and Pronounced in Open Court)
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Guardian Petition No.190/2019 2
JUDGMENT
Petitioner, the mother of ward has fled this
application for appointment and declaration as guardian of
minor son and permission to sell the undivided share of minor
son in immovable property.
2. It is her contention that, she was married to Dildar
Subha Shaikh. Out of said wedlock they have two son-Saif,
age 20 years and Zakaria, age 13 years. They are residing at
Bradford, West Yorkshire, England, United Kingdom. She is
working in primary school, elder son Saif is studying in college
at Manchester while younger son Zakaria is studying in 8th
Standard. Her husband Dildar died on 03.03.2014. Since then
she is maintaining the son as their natural guardian. Minor
son Zakaria is in her custody and she is looking after his food,
education and maintenance.
3. The family had one property i.e. fat bearing No.126,
12th Floor, Aakash Darshan CHS Ltd., Plot No.343, St.
Anthony’s Street, Vakola, Santacruz (East), Mumbai-400 055.
After the demise of Dildar petitioner and her both sons as
undivided share in said fat. She is the only earning source in
the family. The education expenses of both sons are too much
heavy and she could not manage it in her salary. Therefore in
the interest of minor son Zakaria it is necessary to sell said
fat having his undivided share. On these grounds she prayed
for appointment as guardian of minor and permission to sell
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Guardian Petition No.190/2019 3
property having share of minor.
4. Public notice was issued to newspapers calling
objections if any. The copies of newspapers are on record
below service afdavit Exh-02. No one has fled objection to
the claim made by the petitioner. Petitioner and her major son
Saif have executed power of attorneys Exh-05 and 06 in
favour of her mother Mariam Lakdawala to lead evidence in
the Court and to deal with the property. Accordingly CA
Marian Lakdawala has fled her afdavit Exh-05 and additional
evidence afdavit at Exh-07 reiterating the contention made
out in petition.
5. In support of claim necessary documents such as
birth certifcate of ward Exh-11, original share certifcate of
fat Exh-04 and his education proof are fled on record at
Exh-13. Her additional afdavit Exh-07 shows that the
educational expenses of minor son are very much and she
cannot aford it in her salary. Therefore she want to sell the
fat having share of minor. It goes to show that the proposed
sell is for beneft of minor. The CA of petitioner also fled
afdavit that there is no any interest against the beneft of
minor. In such circumstances it is necessary to appoint to
petitioner as guardian of minor and she can be permitted to
sell the fat having share of minor. Accordingly the order.
ORDER
1. The Guardian Petition No.190/2019 is hereby allowed.
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Guardian Petition No.190/2019 4
2. Petitioner Zia Dildar Shaikh is hereby appointed and
declared as guardian of her minor son Master Zakaria Dildar
Shaikh.
3. Petitioner is hereby permitted to sell fat No.126, 12th
Floor, Aakash Darshan CHS Ltd., Plot No.343, St. Anthony’s
Street, Vakola, Santacruz (East), Mumbai-400 055, having and
including share of minor Zakaria Dildar Shaikh.
4. Guardian Petition No.190/2019 stands disposed of
accordingly.
Date:- 18.01.2021. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 18.01.2021
Transcribed on : 18.01.2021
HHJ signed on : 18.01.2021
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Guardian Petition No.190/2019 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.01.2021 04.25 p.m. Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
18.01.2021
Judgement/order signed by
P.O on
18.01.2021
Judgement/order uploaded on 18.01.2021
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