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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
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AO No. 527 of 2023 Hon’ble Alok Mahra, J.
Mr. Vikas Kumar Guglani, learned counsel for the appellant.
2. Heard learned counsel for the appellant and perused the record.
3. Appellant filed this appeal from order challenging the judgment dated 31.08.2023 passed by the learned District Judge, Rudrapur, District Udham Singh Nagar in Misc. Suit No. 119 of 2022, Sandeep Kaur Vs. Har Khas Va Aam, whereby, suit filed under Section 8 of Hindu Minority and Guardianship Act (for short ‘the Act’) was dismissed. The ground for dismissal of the said suit was that the appellant in her suit under Section 8 of the Act did not disclose the amount for which the property of the minor has to be re-mortgaged.
4. Appellant has submitted that both the minor sons are studying in Sherwood College at Nainital and their annual fee is about Rs. 15 Lakhs. Besides this, her late husband during his lifetime have already mortgaged the land comprising of Khata No. 182 Khasra No. 274/3 admeasuring 0.9206 hectares with Punjab National Bank for seeking cash credit limit for running his business i.e. Hardit Industries Private Limited.
5. The case of the appellant is that since after death of her husband, the said land has been mutated in the name of the
appellant as well as the minor sons, therefore, a fresh mortgage deed is to be executed for continuing the cash-credit limit, which is required for running the said company.
6. Taking into consideration the expenses which the appellant has to incur for paying school fee of her minor sons, this Court is of the considered view that permission be granted to the appellant to mortgage the property for seeking cash credit limit for running her company. As such, appellant is permitted to mortgage the land which was earlier mortgaged by her late husband with the bank.
7. With the above observations, the present appeal from order stands disposed of.
(Alok Mahra J.)
28.02.2025 Ujjwal