- 1 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA MISCL. FIRST APPEAL NO.203650 OF 2024 (G & WC) BETWEEN: 1. MOUNESH @ MOUNAYYA S/O BASAVANTAPPA BADIGER, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: CHABANUR, TQ: TALIKOTI, DIST: VIJAYAPURA – 586 214. 2. BASAVARAJ S/O MOUNESH @ MOUNAYYA BADIGER, AGE: 13 YEARS, OCC: STUDENT, MINOR UNDER GUARDIAN OF HIS FATHER APPELLANT NO.1, MOUNESH @ MOUNAYYA S/O BASAVANTAPPA BADIGER, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: CHABANUR, TQ: TALIKOTI, DIST: VIJAYAPURA- 586 214. …APPELLANTS (BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE DEPUTY COMMISSIONER VIJAYAPURA – 586 101. 2. ALL CONCERNED …RESPONDENTS (BY SRI. MALLIKARJUN C. BASAREDDY-GA) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 47(A) OF THE GUARDIANS AND WARDS ACT, 1890 PRAYING TO CALL FOR THE RECORDS AND TO MODIFY THE IMPUGNED JUDGMENT AND DECREE DATED 08.06.2023 PASSED IN G & WC.NO.17/2022 ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT BASAVANA BAGEWADI BY ALLOWING THE ABOVE APPEAL FILED BY THE APPELLANTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 25.06.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA - 3 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 CAV JUDGMENT (PER: HON’BLE MRS. JUSTICE K S HEMALEKHA) The question that falls for consideration is whether the trial Court was justified in granting permission to sell 2 acres of the petition land for the welfare of the petitioner No.2 (minor) and whether the same warrants any interference by this Court? 2. The present appeal is preferred by the petitioners in G & W.C. No.17/2022 assailing the order dated 08.06.2023 on the file of the Senior Civil Judge at Basavana Bagewadi (herein referred to as the ‘Trial Court’ for short) wherein the petition filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 (for short, the Act’) and Section 29 of the Guardians and Wards Act, 1890 was allowed in part. 3. By the impugned order, the appellant No.1/petitioner No.1, who was appointed as the legal guardian of appellant No.2/petitioner No.2 (hereinafter referred to as ‘minor’), has been granted permission to sell - 4 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 land bearing Sy.No.415, measuring 02 acres out of the total land measuring 10 acres 14 guntas situated at Chabanur village, Tq. Talikoti, Dist. Vijaypaura (for short, ‘the petition land’), for the benefit of the minor. 4. Heard the learned counsel appearing for the appellants and learned Government Advocates for the respondent No.1 and perused the material on record. 5. Learned counsel for the appellants submits that permission to sell 4 acres of total land in Sy.No.415 needs to be accorded and not limiting permission to grant sale of 2 acres of land only. It is contended that the permission sought for sale of 4 acres of petition land is being made on genuine and bonafide grounds, namely to meet the expenses of the marriage of the appellant No.1’s children, to meet the education expenses of minor and due to the ongoing family hardship being faced by the family, including daily maintenance and essential expenses. It is contended that the trial Court’s order granting permission - 5 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 to sell only 2 acres of the petition land needs to be modified and the appellant No.1 be permitted to sell 4 acres out of Sy.No.415 which is totally measuring 10 acres 14 guntas. 6. The trial Court while allowing the petition in part, permitted to sell 2 acres of the petition land as opposed to 4 acres sought by the appellants. The trial Court opined that to meet the educational expenses of minor and clear the loans taken by the appellant No.1 and considering the current market value of the petition land, further held that the sale of 2 acres would suffice to meet the expenses and considering the welfare and interest of the minor, the trial Court found it appropriate to allow appellant No.1 in his capacity as guardian, to sell 2 acres of the petition land on behalf of the minor. 7. Section 8 of the Hindu Minority and Guardianship Act, 1956 reads as under: - 6 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 “8. Powers of natural guardian.— (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,— (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. (3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or by any person claiming under him. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in the case of necessity or for an evident advantage to the minor. Xxxx” (emphasis supplied) - 7 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 8. Sub-section (4) of Section 8 of the Act envisages that the permission to the natural guardian to do any acts mentioned in sub-section (2) would be granted in case of necessity or for evident advantage to the minor. 9. Upon careful appreciation of the entire oral and documentary evidence and the provisions of Section 8 of the Act, we are of the considered view that the trial Court after due appreciation, found that the evident advantage to the minor exists only to the extent of 2 acres of the petition land which is sufficient to meet minor’s educational needs, to clear the hand loan incurred by the guardian, and accordingly permission was rightly granted to sell only 2 acres of the petition land. The contention of the appellants that to meet the marriage expenses of other children, 2 acres more is required to be sold is devoid of merit and the appellants have not made any justifiable ground for granting permission to sell an additional 2 acres of land. - 8 - HC-KAR NC: 2025:KHC-K:3600-DB MFA No. 203650 of 2024 10. In view of the above we find no infirmity, illegality or perversity in the order passed by the trial Court and the same does not warrant any interference, and we pass the following: ORDER i. The Miscellaneous First Appeal is hereby dismissed. ii. The order dated 08.06.2023 passed by the Senior Civil Judge at Basavana Bagewadi in G & WC No.17/2022 stands confirmed. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE BL List No.: 1 Sl No.: 1