1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 123 OF 2007 Ramchandra Janardan Dhamankar ...Petitioner Mr.R.G. Jagtap for Petitioner Mr.Suryakant N. Gujjeti, Partner CORAM: SMT.ROSHAN DALVI, J. DATED: 18 TH JUNE, 2008 P.C. 1. The Petitioner is the maternal grand uncle of the three minor children in this Petition. The father and the mother of the minors have expired on 31 st March, 2005 and 25 th July, 2003. Their original death certificates are produced. 2. The three children are minors. Their original birth certificates are also produced. 3. The death certificates of the parents of the father, who is deceased are also produced. The mother of the the deceased father is one Parvati. The Petitioner states that he is the 2 brother of Parvati. The deceased has 5 sisters. The Petitioner states that they have no objection to the grant of the order of appointment of the Petitioner as a Guardian of the minor children and the allotment of any flat to them. They have filed their Joint Affidavit of Consent. 4. The Petitioner is appointed Guardian of the three minor children (1) Ms.Tanushri Rajendra Devrukhkar, (2) Ms. Shwetambari Rajendra Devrukhkar and (3) Rugwed Rajendra Devrukhkar. 5. It is the Petitioner's case that the deceased father of the children during his life time had executed an agreement for permanent alternate accommodation with the Developers who developed the property, where his accommodation was situated. A new building has been constructed. The three minor children are the only heirs of the deceased father Rajendra Devrukhkar. The Petitioner as the Guardian of these children shall be entitled to be given possession of the premises, to which their deceased father was entitled to during his life time. The Petitioner shall take such possession for the use and occupation and possession of the three minor children. The premises shall be alloted in the joint names of the three minor children showing Petitioner as their guardian. 3 6. The Petition is disposed of accordingly. (SMT. ROSHAN DALVI, J.)