Final Order 2

Order Details: Other
Pdf Text: Order ..1 Guardian Petition No. 222 OF 2019
MHCC010086162019
IN THE CITY CIVIL COURT AT GREATER MUMBAI
GUARDIAN PETITION NO.222 OF 2019
1) Rajesh Mishrimalji Jain HUF
Through its Karta & Manager
Rajesh Mishrimalji Jain
Age: 45 years,
Occ: Business,
Indian Inhabitant, residing at
Flat No.112, 11th Floor, Trimurti Tower,
Mamaletdar Wadi, Malad West,
Mumbai400064.
Mobile No. 9870050160.
2) Rajesh Mishrimalji Jain
Age: 45 years, Adult
Occupation : Business
Indian Inhabitant, residing at:
Flat no.112, 11th floor, Trimurti Tower,
Mamaletdar Wadi, Malad West,
Mumbai400064.
Mobile No. 9870050160. ...Petitioner
Appearance
Adv. Monel Thakkar for petitioner.
CORAM : HIS HONOUR JUDGE
R.R. Patare
(Court No.: 2)
DATED : 09th December, 2022
O R D E R
The petitioner Rajesh Mishrimalji Jain is father of minor persons
namely Rashi and Rivan. Rashi and Rivan are son and daughter of
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Order ..2 Guardian Petition No. 222 OF 2019
Rajesh Mishrimalji Jain. The minor children are in the custody of
petitioner. The petitioner is natural guardian of minor children.
2. The petitioner has purchased flat no.1502 admeasuring 618 sq.
fts. on 15th floor in Agarwal Residency situated at Shankar Lane,
Kandivali East, Mumbai for consideration of Rs.53,76,600/- under
agreement dated 17.09.2019. Out of total consideration amount 42%
i.e., Rs.22,58,172/- of the said consideration was paid by HUF
consisiting of petitioner, his wife and three children. The petitioner
want to sell out said flat and accordingly agreement for sale dated
21.06.2019 came to be executed in favour of intending purchasers Mr.
Hiren Shashikant Shah and Ami Hiren Shah. The consideration amount
is settled at Rs.1,75,00,000/-. Out of total consideration amount 40%
i.e. 73,50,000/- is payable to minor children alongwith other members
of HUF. The petitioner seek to appoint himself as guardian for his
children and also seek permission for sale of flat. However petitioner
has filed pursis Exh.4 and not pressed prayer clause (b) and (c) in
respect of permission for sale of said flat.
3. Public notice was issued in the daily news paper 'Apala
Mahanagar' and 'Business Standard' on 15.07.2021. However no
objection is received after publication of said notice.
4. The children namely Rashi and Rivan are minor and unable to
manage themselves and their properties. They are residing with
petitioner. The petitioner is ready to attend and maintain them. The
petitioner is natural guardian and father of minor children. From the
averments it is seen that Rashi is born on 06.05.2004 and Rivan is born
on 15.04.2016. No adverse interest of the petitioner is apparent. The
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Order ..3 Guardian Petition No. 222 OF 2019
petitioner has filed pursis Exh.4 and restricted the petition only for his
appointment as a guardian for minor children. Hence I am inclined to
appoint the petitioner as a Guardian. Accordingly, following order is
passed.
ORDER
1) The petitioner Rajesh Mishrimalji Jain, aged about 45 years is
appointed under Guardian and Wards Act as a Guardian for his son and
daughter namely Rashi and Rivan and their properties.
2) The petitioner shall not transfer right of minor children namely
Rashi and Rivan in their moveable and immovable properties without
the permission of Court.
3) The petitioner shall furnish to this office in three months at the
close of every financial year an account of the property and assets of
Rashi and Rivan in his charge and the sums received and disbursed on
account of their and balance remaining with the petitioner.
4) The petition is allowed and disposed off accordingly.
(R. R. Patare)
Judge, City Civil Court, Gr. Mumbai
Dated : 09.12.2022
Typed on : 09.12.2022
HHJ signed on : 09.12.2022
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Order ..4 Guardian Petition No. 222 OF 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 09.12.2022, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. R.R. Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
09.12.2022
JUDGMENT/ORDER signed by P.O.
on
09.12.2022
JUDGMENT/ORDER uploaded on 09.12.2022
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