- 1 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 100201 OF 2025 (GW) BETWEEN: 1. SMT. VAJRESHWARI MAGAJIKONDI W/O. LATE DHANRAJ MAGAJIKONDI AGED ABOUT 42 YEARS, OCC. HOUSEHOLD WORK, 2. BHAGIRATHI MAGAJIKONDI D/O. LATE DHANRAJ MAGAJIKONDI AGED ABOUT 17 YEARS, 3. SHWETA MAGAJIKONDI D/O. LATE DHANRAJ MAGAJIKONDI AGED ABOUT 17 YEARS, 4. ATHARVA MAGAJIKONDI S/O. LATE DHANRAJ MAGAJIKONDI AGED ABOUT 11 YEARS, (APPELLANT NO.2 TO 5 SINCE MINORS R/BY THEIR NATURAL MOTHER I.E. APPELLANT NO.1) ALL ARE RESIDING AT: KAMARIPETH, 4TH CROSS, Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.28 11:28:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 HUBBALLI-580028. …APPELLANTS (BY SRI. VINAYAK MEGUNDI,ADVOCATE) AND: NIL …RESPONDENT THIS MFA FILED U/S.47 OF THE GUARDIANS AND WARDS ACT 1980 PRAYING TO, SET ASIDE THE JUDGMENT DATED 20.11.2024 PASSED IN G AND WC NO.166/2024 BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS HUBBALLI AND FURTHER BE PLEASED TO GRANT PERMISSION TO SELL AND ALIENATE ALL THE SCHEDULE PROPERTIES MENTIONED IN THIS APPEAL FOR THE WELFARE OF THE MINOR APPELLANTS AND TO ADDRESS THE FINANCIAL LIABILITIES FACED BY THE FAMILY AND PASS SUCH OTHER AND FURTHER ORDERS AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MRS JUSTICE GEETHA K.B.) This MFA is preferred under Section 47 of the Guardians and Wards Act, 1980 praying for setting aside the order dated 20.11.2024 passed in G & WC No.166/2024 on the file of III Additional Senior Civil Judge and JMFC, Hubballi; to allow the appeal and to permit the appellants to sell and alienate scheduled properties mentioned in the appeal for the welfare of minor appellants, to address the financial liabilities faced by the family and for such other reliefs. 2. Parties would be referred with their ranks, as they were before the trial Court for sake of convenience and clarity. 3. Appellants-petitioners have filed the petition before the learned trial judge to appoint and to declare that petitioner No.1 as the minor guardian and to represent petitioner Nos. 2 to 5 to sell and alienate the common joint - 4 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 share of the minor petitioner Nos.2 to 5 in Schedule property Nos.1 to 6 and for such other reliefs. 4. The case of petitioners before the trial Court in a nutshell is that the petition schedule properties were the ancestral properties of petitioner Nos.2 to 5 who succeeded to it from their father-Dhanraj son of Tukaramsa Magajikondi, who died on 28.12.2023 leaving behind petitioner No.1-his wife and petitioner Nos.2 to 5-his minor children as his legal representatives. After his death, petitioners succeeded to the estate of the common joint share of Dhanraj Magajikondi in the above said properties which were the ancestral properties of the deceased and were holding them along with his brothers. Petitioner No.1 being the widowed mother is facing lot of problems to incur the expenses of the education of petitioner Nos.2 to 5 who are minors. Thus the family members intended to sell their share in the suit schedule properties, which involves the common joint share of petitioners and petitioner No.1 also intends to sell them for the best interest of her children i.e. - 5 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 Petitioner Nos.2 to 5 i.e., for their health, education, marriage and other welfare. Petitioner No.1 being natural mother of the minor petitioner Nos.2 to 5 is taking care of them and they are under her care and custody and thus she is representing them. Petitioner No.1 does not have any other source of income to incur the aforesaid expenses. Hence the petitioner No.1 prays for appropriate reliefs. 5. After filing of the petition, the paper publication was taken to know whether any other interested person is there in respect of petition schedule properties. However none appears. 6. After filing the petition, on behalf of petitioners, first petitioner was examined as PW1, got marked Exs.P.1 to P.21 and closed their side before trial Court. 7. After recording evidence of both sides and hearing arguments of both sides, learned trial judge has appointed petitioner No.1 as guardian of petitioner Nos.2 to 5 and permitted petitioner No.1 to hold the custody of - 6 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 wards i.e., petitioner Nos.2 to 5 till they attain the age of majority. She was also permitted to sell three properties for the purpose for which she had filed the petition by imposing certain conditions i.e., to utilize sale consideration amount towards the object stated in the petition and to intimate the sale of petition schedule properties to the Court by furnishing copies of sale deeds within 15 days from the date of execution and also deposit the share amount of minor ones in any nationalized bank as fixed deposit in the name of minor wards till they attain the age of majority and utilize the interest amount for the welfare of wards and thus partly allowed the petition and petition in respect of sale of other properties was rejected. 8. Aggrieved by the said order of rejection for sale of some of the scheduled properties, the petitioners- appellants have preferred the present appeal. 9. It is stated in this appeal that there are several other properties apart from the scheduled properties which - 7 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 are listed in the petition and they are sufficient for the welfare and benefit of minor appellants and can be utilized to secure the future of minors including their health, education and marriage. It is further stated that appellants have availed loans and for repayment of those loans, the sale proceeds of properties is required and hence prayed for modification of the order passed in the G&WC petition No.166/2024. 10. Learned counsel for appellants Sri.Vinayak Megundi submitted his arguments that virtually to run the business, the husband of appellant No.1 had incurred loans and to clear those loans, the sale of all the properties mentioned in the schedule of the petition are required and there are several other properties in the family of petitioners for the purpose of education, health and future of petitioner Nos.2 to 5 and sale of entire petition schedule properties is required to clear the loan raised by her husband-Dhanraj Magajikondi and she may be permitted to utilize the entire sale proceeds for clearance of loan, etc. - 8 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 Hence, prayed for modification of the order passed in G &WC No.166/2024. 11. Having heard the learned counsel for the appellants and on perusal of the appeal papers along with trial Court records, the points that arise for our consideration are: 1) Whether appellants prove that the order passed by the learned trial judge in G & WC No.166/2024 dated 20.11.2024 is erroneous and requires interference? 2) What order? 12. Our answer to the above points is as follows: Point No.1: In the Negative Point No.2: As per final order REASONS: 13. Point No.1:- The undisputed facts are that, petitioner No.1 is the mother of petitioners Nos. 2 to 5, who are minors and they have inherited the properties from their - 9 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 father as noted in the petition schedule. Thus, petitioner No.1 being mother of petitioner Nos.2 to 5 is their natural guardian in the absence of father. Thus, these properties are the ancestral and joint family properties of petitioner Nos.1 to 5. 14. Section 8 of the Hindu Minority and Guardianship Act-1956 reads as follows: “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 realization, 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 - 10 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 than one year beyond the date on which the minor will attain majority.” 15. Section 11 of the Hindu Minority and Guardianship Act-1956 reads as follows: “11. De facto guardian not to deal with minor’s property.—After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor.” 16. The coupled reading of Sections 8 and 11 of the Hindu Minority and Guardianship Act-1956, makes it clear that whenever minors’ interest is involved, petitioner No.1 being guardian has to obtain leave of the Court for sale of interest of petitioner Nos.2 to 5-minors in petition scheduled properties. 17. The interest of minor is paramount at the time of deciding the petition of present nature. The Court can give permission to the petitioner No.1 to sell the properties for the benefit of minors, if it is for the best interest of minors. - 11 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 18. With this background, the averments in the petition are to be verified. 19. In this regard, in the petition, petitioner No.1 has stated that for the purpose of education, health and use of minor petitioner Nos.2 to 5, she requires the sale of joint interest of petitioners Nos.2 to 5 in the petition schedule properties. Except this vague averment, petitioners have not produced an iota of evidence to show that in which class petitioner Nos.2 to 5 are studying, what is their educational expenses; what is their health issues, etc. Further, admittedly petitioner Nos.2 to 5 are minors at the time of filing the petition and hence marriage of minor petitioners is prohibited as per the provisions of Child Marriage Restraint Act 1929 and Prohibition of Child Marriage Act 2006. 20. Admittedly as petitioner Nos.2 to 5 are minors and petitioner No.1 being their mother is not having any avocation to look after them. Hence, it could be gathered that some amount is required for their maintenance and - 12 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 education. Hence, granting permission to sell three of the petition schedule properties by the learned trial judge is proper and we don’t find any reason to interfere with it. 21. Learned counsel for petitioners-appellants submit that there was huge financial burden on petitioners because of the loss incurred in the business sustained by the father of petitioner Nos.2 to 5 and hence prayed for allowing the appeal. However there is no such pleading in the petition. Without pleading and material evidence, mere argument on this point cannot be considered. If really there is such loan, the petitioners are at liberty to file fresh petition by making all averments regarding loan and other details. 22. Learned counsel for the appellants has relied upon the following judgments of co-ordinate Bench of this Court in support of his case: 1. MFA No.101937/2014(G & WC) in the case of Mahadevi Vs. Nil. - 13 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 2. MFA No.103026/2022(GW) in the case of Smt.Madhura Vs. Nil. 23. We have given our anxious attention to the above said judgments. The facts and circumstances narrated in the above said judgments are entirely different from the facts and circumstances of the present case. Thus, the principles noted in the above said judgments are not applicable to the facts of the present appeal. 24. Considering the above facts and point of law, rightly, the learned trial judge permitted petitioner No.1 to sell the common interest of petitioner Nos.2 to 5 in three of petition schedule properties and to deposit the said amount as fixed deposit in any of the nationalized bank till they attain the age of majority and permitted her to utilize the interest accrued from said fixed deposit for the welfare of minor wards and rejected the prayer for sale of other petition schedule properties. We do not find any error in - 14 - HC-KAR NC: 2025:KHC-D:14052-DB MFA No. 100201 of 2025 the aforesaid judgment. Accordingly point No.1 is answered in the negative. 25. Point No.2: In view of our finding on point No.1, we proceed to pass the following :- ORDER Petition filed under Section 47 of the Guardians and Wards Act, 1980 is dismissed by confirming the order passed in G&WC No.166/2024 dated 20.11.2024 by the III Additional Senior Civil Judge and JMFC., Hubballi. No order as to costs. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU LIST NO.: 1 SL NO.: 59