Sr. No. 97 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (through virtual Mode) FAO (MAT) No. 8/2026 Surya Jabeen …. Appellant(s) Through:- Mr. F. A. Wani, Advocate. V/s Mansoor Ahmad Bhat …..Respondent(s) Through:- CORAM : HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 22.05.2026. 1. This appeal has been filed by the appellant challenging order dated 05.05.2026 passed by the learned Principal District Judge, Budgam. 2. Heard learned counsel for the appellant and perused the material on record. 3. It appears that the appellant had filed the petition under Section 39 of the Guardian and Wards Act for removal of guardian. Learned trial Court after hearing the parties passed the impugned order and refused to remove the appointed guardian on the ground that the order by virtue of which the guardian was appointed had been passed on the basis of the compromise arrived at between the parties on 03.06.2024 and the said order was in force for a period of two years. It has been observed by learned trial Court that since compromise deed is in force for two years, as such, there is no exigency to issue order regarding removal of guardian. 2 The appellant has been given liberty to lay appropriate motion for custody of ward after the expiry of two years period. 4. At the outset, it is to be noted that an order refusing to remove a guardian is not appealable in nature and it is only an order of removal of the guardian passed in terms of Section 39 of the Guardian and Wards Act, which is appealable in terms of Section 47(g) of the said Act. 5. Apart from the above, the appellant has been given liberty to remove the appointed guardian after the expiry of two years period from the date of compromise. The compromise was arrived at between the parties on 03.06.2024 and two years period expires on 02.06.2024 which is only about 10 days away. Therefore, no interference in the impugned order is otherwise called for by this Court at this stage. 7. The petition is, accordingly, dismissed, leaving it open to the appellant to approach the concerned District Judge, afresh. (Sanjay Dhar) Judge JAMMU 22.05.2026 NEHA-1 Neha Kumari 2026.05.22 14:00 I attest to the accuracy and integrity of this document