1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8377 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.V.D.Hon,counsel for petitioner Mr.A.S.Pagare,counsel for respondent. CORAM : R.M.BORDE, J. DATE : 15/09/2010 1] The petitioner is assailing the interlocutory order passed by the District Judge, Ahmednagar on 7/9/2010 in Civil Misc. Application No.196/10 and Civil Misc. Application No.162/10. The proceedings relate to appointment of guardian of the minor as per the provisions of The Guardians and Wards Act, 1890. 2] It appears that an application presented in the proceedings was taken up for consideration and petitioner herein insisted the Court for recording of evidence in the matter before taking up application for interim 2 relief for consideration. The trial Court while turning down application, has observed that recording of evidence is not contemplated at the stage of passing order under Section 13 of the Act. Evidence can be received at the time of final disposal of the main application. The view expressed by the learned District Judge appears to be erroneous and not in consonance with Section 13 of the Act. Section 13 of the Act deals with hearing of evidence before passing of the order and mandates the Court to hear such evidence as may be adduced in support of order or in opposition of the application. 3] The parties to the litigation agree that instead of dealing with the application under Section 13 at an interlocutory stage, District Judge shall be called upon to decide the matter finally. Both the parties agree that they would lead evidence before the Court with a view to secure final disposal of the application . In this view of the matter, the District Judge, Ahmednagar is directed to allow the parties to lead the evidence and to proceed to determine the application on its 3 own merits and in accordance with law. Considering the issue involved in the matter, i.e. in relation to appointment of guardian of a minor, an early decision in the matter is expected. The District Judge shall proceed to decide the application as expeditiously as possible, preferably within 3 months from today. With these directions, instant Petition stands disposed of. (R.M.BORDE,J.) umg/wp8377-10