IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 MFA.No. 89 of 2005() -------------------- OPG&W.92/2003 of DISTRICT COURT, KOTTAYAM .................... APPELLANT(S): PETITIONER: ------------------------- JOSE THOMAS, AGED 54 YEARS, S/O. THOMAS, RESIDING AT MUNDATHUCHUNDAYIL, CHENGALAM EAST VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.P.C.JOSEPH PAZHEPARAMBIL RESPONDENT(S): COUNTER PETITIONER: ---------------------------------- PAUL JOSEPH, S/O. JOSEPH, KURUPPANADOM, CHANGAMPUZHA NAGAR, KALAMASSERY, KOCHI. ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 89 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011 JUDGMENT Joseph, J. The appellant, who is the maternal uncle of the minor Reshma Maria Paul, filed a petition under Sections 7 and 8 of the Guardian and Wards Act for appointing him as guardian of the property of the minor. The petition filed by the appellant stood dismissed with cost and compensatory cost of Rs.3,000/- to the respondent. 2. Heard learned counsel for the appellant and the learned counsel for the respondent. 3. It is pointed out that having regard to the passage of time the minor attained majority. Learned counsel for the appellant pointed out that the appellant has been visited with cost and compensatory cost of Rs.3,000/- which he impugns in this appeal. M.F.A.No. 89 of 2005 2 4. Learned counsel appearing on behalf of the respondent would submit that the party does not press for any cost and compensatory cost. 5. In the light of the said submission, we allow the appeal in part and modify the order in so far as it relates to cost and compensatory cost of Rs.3,000/- and direct that they shall be deleted. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm