Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 28929 (AP)

SMT GODDU MANGA v. NIL

CMA/771/2024 · 2025-06-18

A Hari Haranadha Sarma, B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% APHC010413332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL No: 771 OF 2024 Appeal under Section 47 of the Guardians and Wards Act against the Order and Decree, dated 14-12-2023 passed in GOP No.56 of 2023 on the file of the VII Additional District Judge, Peddapuram, East Godavari District. Between: Smt. Goddu Manga, W/o Late Goddu Srinu, Age 36, X Hindu, Housewife, R/0..N0.21-1-126, Satya Theater Venuka, Peddapuram, Peddapuram Mandal. ...PETITIONER/appellant AND NIL ...RESPONDENTS/RESPONDENTS Counsel for the Petitioner: SRI RAJA BHOGENDRA NATH.S Counsel for the Respondent: - The Court made the following: ORDER % APHC010413332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 771/2024 Between: ...APPELLANT Smt Goddu Manga AND ...RESPONDENT Nil Counsel for the Appellant; 1. RAJA BHOGENDRA NATH S Counsel for the Respondent; 1. 2 HBKM,J & HAHHSJ C.M.A.No.771 of2024 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant. The respondent side cause title shows nil. 2. The learned counsel for the appellant submits that this appeal is preferred against the order in G.O.P.No.56 of 2023 on the file of VII Additional District and Sessions Judge, Peddapuram dated 14.12.2023. 3. The learned counsel for the appellant submits that the appellant is the mother of the 3 children and she sought permission to dispose of the some of the properties belonging to the minor children and it is said to be the undivided 1/6^'^ share of the properties claimed to be for the benefit of the family and the minors. The other co-sharers were not added before the trial Court in the above said Guardian O.P. However, on merits considering the contentions of the petitioner therein, the trial Court dismissed the Guardian O.P. vide order dated 14.12.2023, against which as stated above, this C.M.A. arises, the same was filed with delay of 185 days in presentation. 4. However, the learned counsel for the appellant submits that the co-sharers are required to be added and as such he filed the Interlocutory Application (I.A.No.1 of 2025) to implead the co-sharers. Since they are not made as parties before the trial court, the same cannot be entertained at this stage in this appeal. % 3 HBKM,J & HAHHS,J C.M.A.No.771of2024 In view of the above said facts and circumstances, the appellant is 4. permitted to file fresh Guardian O.P. before the trial Court, impleading the necessary parties for the relief sought for. considered by the trail Court on merits strictly in accordance with law, without If so filed, the same shall be reference to the Guardian O.P.No.56 of 2023 dated 14.12.2023. Accordingly, this appeal is disposed of. There shall be no order as to 5. costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- S.V.S.R. MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The VII Additional District Judge, Peddapuram, East Godavari District. 2. One CC to Sri Raja Bhogendra Nath.S, Advocate [OPUC] 3. Two CD Copies. BSV f HIGH COURT DATED: 19/06/2025 ORDER CMA.No.771 of 2024 <y 5 HSE^«» Cyrr@n« becuon ^y/ DISPOSING OF THE CIVIL MISCELLANEOUS APPEAL WITHOUT COSTS