IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21635 of 2011 Md. Abul Quasim Versus Raimu Nisa @ Khadija & Ors ---------------------------------- 03. 13.12.2011. Heard the learned counsel for the petitioner. The plaintiff has filed this application under Article 227 of the Constitution of India against the order dated 09.08.2011 passed by Sub Judge Ist, Sitamarhi in partition suit No.284 of 2008 whereby the learned Court below rejected the application filed by the petitioner on 18.05.2010 praying for appointing the petitioner as guardian of the minor daughters of his son who are defendant in the partition suit. The learned counsel for the petitioner submitted that in view of Section 359 of Muhamdan law by Mulla, the grand father in absence of the father is the guardian and mother cannot be the guardian of the minor and, therefore, the petitioner on the death of his son filed the application for appointing him as guardian of the minor defendant No.3 to 6 which has been wrongly rejected by the Court below. From perusal of the impugned order, it appears that this question was considered by the Court below also. It appears that the petitioner is the plaintiff who himself filed the partition suit wherein the widow of his son and the minor daughter of his son have been added as defendant and he himself put the minors under the - 2 - guardianship of mother. Considering this fact, the learned Court below found that mother cannot be the guardian and, therefore guardian has been appointed on behalf of the minors on the ground that there is conflict of interest between plaintiff and the minors. In such view of the matter, when there is conflict of interest between the minors and the plaintiff himself, the learned Court below has rightly appointed guardian for the minors and, therefore, the same cannot be interfered with in supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)