1 FA 2608.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2608 OF 2010 _____________________________________________________________ Office Notes, Office | Memoranda of Coram, Court's or Judge's orders appearances, Court's | orders or directions and Registrar's orders | _____________________________________________________________ Mr. P.V.Barde, Advocate for the appellant Mrs. R.K.Ladda, Assistant Govt. Pleader for State ........................... CORAM : S.V.GANGAPURWALA, J. DATE : 21/12/2010 PER COURT : 1. The present appellant had filed an application seeking permission to sale the property standing in the name of minor Rishikesh. The said application was filed under the provisions of the Guardians and Wards Act [ For short, ‘ said Act ’ ]. The District Court rejected the said application on the ground that the transaction raises suspicion and doubt and the District Court was not satisfied that the said sale would be in the interest of the minor. The appellant has assailed the said Judgment in the present Appeal. 2. Mr. P.V. Barde, learned counsel for the appellant submitted that the material on record is sufficient to infer that the sale is in the 2 FA 2608.2010 interest of the minor. The appellant had already purchased the property in the name of minor bearing G.No. 65 to the extent of one (1) Acre for Rs. 2,00,000/-. The same was purchased by taking hand loan from others and the property is sought to be sold at Rs. 2,30,000/-. The consideration would be utilized to pay the amount of the hand loan which was incurred for the purchase of the property G.No. 65 in the name of minor Rishikesh. According to the learned counsel, the Govt. valuation of the property sought to be sold is only Rs. 57,750/-, whereas the consideration of Rs. 2,30,000/- is being received. The appellant would pay all the amount of the creditors and would invest Rs. 50,000/- in the name of the minor. 3. Mrs. R.K.Ladda, learned Assistant Govt. Pleader resists the Appeal on the ground that the Court below has arrived at subjective satisfaction that the sale is not in the interest of the minor and has rightly rejected the application. The circumstances sought to be produced, do not inspire confidence. As such, submits that the Appeal be dismissed. 4. The present Appellant is the mother of minor Rishikesh. She does not have adverse interest as against the said minor. The property is already purchased in the name of minor i.e. G.No. 65 to the extent of one (1) Acre for Rs. 2,00,000/-. The property sought to be sold is admeasuring 23 R. It may not be possible to 3 FA 2608.2010 carry out the agricultural operation in such a small fragment. The amount which is being received is much more than the Govt. valuation. The appellant has stated on oath that they had purchased the property by obtaining hand loan and the said amount is also to be repaid. 5. For all the above reasons, I am inclined to allow the Appeal and set aside the impugned Judgment and Order and the application bearing M.A.R.J.I. No. 150 of 2010 is allowed. The appellant is directed to sale the land to the extent of 23 R. situated at Pokhari, Tq. & Dist. Aurangabad for the consideration of Rs. 2,30,000/-. On sale of the said property, Rs. 50,000/- shall be invested in the Fixed Deposit in the name of minor Rishikesh and the receipt of the Fixed Deposit shall be submitted to the registry in the present First Appeal. 6. In light of the above, the First Appeal is accordingly disposed of, however with no order as to costs. [ S.V.GANGAPURWALA ] JUDGE knp/FA 2608.2010