1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 520 OF 1994 Shivaji s/o Baburao Gawade, Aged 35 years, Occupation Agriculture, Resident of Pimpala Bangali, Taluka Georai, District Beed Appellant V E R S U S Sanjivanibai w/o Shivaji Gawade, Aged 32 years, Occupation Household and Labour, Resident of Bangali Pimpala, Taluka Georai, District Beed, Now at Umapur, Taluka Georai, District Beed Respondent Shri.M.D. Shinde, Advocate for the appellant Shri. R.N. Bharaswadkar, Advocate holding for Shri. S.P. Katnesharkar, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 12th July, 2010 ORAL ORDER 1. This first appeal is challenging the Judgment and order passed by the learned Additional District Judge, Beed in Misc. Civil Application No. 88 of 1992. 2. The appellant was the applicant before the lower Court. He filed the application under Sections 7 and 10 of the Guardian and Wards Act for his appointment as guardian of his son, aged 9 years and for his custody. The learned Judge of the trial Court dismissed his application holding that the respondent (the appellant’s wife) was 2 entitled for the custody of the child in question. The appeal was filed in 1994 when the minor child was 9 years old. Today the minor child would be at least 25 years old and is no more a child. The appeal should therefore fail as ‘infructuous’. The appeal stands dismissed as infructuous. (A.V. NIRGUDE, J.) srm/fa/520/94