- 1 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 7643 OF 2024 (GW) BETWEEN: 1. RAJANI JAYANTHA WO LATE H JAYANTHA KUMAR AGED ABOUT 37 YEARS 2. KOUSHIK B S/O LATE H JAYANTHA KUMAR AGED 13 YEARS 3. BRINDA D/O LATE H JAYANTHA KUMAR AGED 10 YEARS APPELLANT 2 AND 3 ARE MINORS AND REPRESENTED THROUGH THEIR NATURAL GUARDIAN APPELLANT NO.1 ALL APPELLANTS ARE R/AT SRI DURGA PRASAD SANJAYANAGARA BELTHNGADY KASABA VILLAGE AND POST BELATHANGADY TALUK DK Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 [EARLIER APPELLANTS ARE R/AT NO.1-292/3 SRI DURGAPRASAD KUKKAVAU MITHABAGILU VILLAGE KILLUR POST, BELTHANGADY TALUK, DK …APPELLANTS (BY SRI. KESHAVA BHAT A.,ADVOCATE) AND: NIL …RESPONDENT THIS MFA IS FILED U/S 47(e) OF GUARDIANS AND WARDS ACT AGAINST THE ORDER DATED 21.09.2024 PASSED IN G AND WC.NO. 10/2024 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, D.K., DISTRICT, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 29 OF GUARDIAN AND WARDS ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The appellants are the legal heirs of Mr. H. Jayantha Kumar who was a resident of Mithabagilu Village, Killur Post, Belthangady Taluk, Dakshina Kannada and they are calling in question the order dated 21.09.2024 in G&WC/10/2024 on the file of the Principal Senior Civil Judge and JMFC Belathangady, Dakshina Kannada District [‘the civil Court’] only insofar as the request of the first appellant to sell the undivided share of the other two appellants is rejected. 2. The first appellant is the mother of the second and third appellants, who are aged 14 and 11 years respectively [the minors]. The civil Court has appointed the first appellant as the Guardian of the two minor appellants. The appellants have asserted that Mr. H. Jayantha Kumar has acquired absolute title and interest in the lands in Sy. No.143/6B, - 4 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 143/31 and 143/52 [totally measuring 1 acre 56 cents] of Mithabagilu Village, Belathangady Taluk, Dakshina, Kannada [the subject property] under a Settlement Deed signed by him along with his other family members and that he has died on 09.05.2023 leaving behind only the appellants to succeed to the subject property. They also assert that they have succeeded to a residential property in Belathangady Taluk, Dakshina Kannada and that the relatives live close by. 3. The appellants, insofar as the request for permission to sell the second and third appellants’ undivided interest in the subject property, state that the first appellant is uneducated and without employment but she has to shoulder the responsibility of the minor children to ensure that they pursue their education. The first appellant is categorical that the subject property is at a distance of about 25 Kms from the current place of residence - 5 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 and that she cannot attend to the agricultural operations to maximise the income. The civil Court has rejected the request for permission to sell the undivided share of the two minor appellants opining that only because the subject property is at a distance of 25 Kms from the residence, cannot justify permission and the Courts will have to be very circumspect in granting permission. 4. Mr. A. Keshava Bhat, the learned counsel for the appellants, relying upon the circumstances emphasized as aforesaid in the pleadings and the evidence, submits that this Court must duly consider the appellants' case that the first appellant has no independent source of income and she cannot shoulder the responsibilities of overseeing agricultural operations and providing for the minors and that the minors’ interest could be protected by ensuring that a substantial part of the sale consideration is invested with a Nationalized Bank - 6 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 with liberty to the first appellant to draw periodically accruing interest to meet the children’s expenses. When queried, Mr. A. Keshava Bhat, relying upon the valuation of the subject property that is furnished, states that the subject property as is expected by the appellants will fetch more than Rs.50,00,000/-. 5. The interest of the minor children, while granting permission under Section 29 of The Guardians and Wards Act, 1890, will be paramount, but that interest must be considered in the backdrop of the Guardian's ability. The first appellant [the mother of the minor appellants] is uneducated and is categorical in stating that she has no resources and she is not in a position to manage the agricultural operations of a land that is 25 Kms from her place of residence to ensure that the children receive proper education. Crucially, the appellants are categorical that they own residential property which is occupied by them and this would also be available to the - 7 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 appellants. On a holistic consideration of all the circumstances, this Court opines that the appellants have made out a case for interference and there must be permission to the first appellant to sell the subject property for herself and on behalf of the minor appellants, but on terms. Hence the following: ORDER a. The appeal is allowed, and the impugned order dated 21.09.2024 is modified permitting the first appellant to sell the subject property for herself and on behalf of the minor appellants on the condition that 50% of the sale consideration is deposited equally in the name of the two minor appellants with a Nationalized Bank stipulating that the first appellant shall be entitled to draw periodically accrued interest to meet the expenses of the minor children. - 8 - HC-KAR NC: 2025:KHC:23894-DB MFA No. 7643 of 2024 b. The purchaser shall deposit 50% of the sale consideration as aforesaid individually and in equal proportion in the names of the two minor children contemporaneously with the execution of the sale deed. c. The first appellant shall not, without the permission of the competent Court, transfer any other property in which the minor children will have an interest. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE RB