441 FAO No.4092 of 2001 -1 - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4092 of 2001 Date of Decision:
20. 8.2013 Mohan Juneja .....Appellant VERSUS General Public …...Respondent CORAM: HON'BLE Mr.JUSTICE S.S.SARON HON'BLE Mr.JUSTICE S.P.BANGARH -.- Present: Mr.Sandeep Sharma, Advocate for Mr.S.S.Narula, Advocate, for the appellant.
***** S.S.SARON, J.
Mohan Juneja-appellant on 28.1.2001 filed a petition under Section 8 of the Hindu Minority and Guardianship Act, 1956 seeking permission to alienate 2/3 share in plot/site No.543, Sector 11-12, Phase-I, HUDA, Panipat of his minot son namely Gaurav and minot daughter namely Mayuri, then aged 14 years and 11 years respectively.
The petition was allowed by the learned Civil Judge (Senior Division).Panipat vide order dated 08.10.2001 subject to certain conditions as mentioned in the order.
The conditions were that: (1) the appellant shall not alienate the share of the minors below the rate of Rs.5000/- per square yard; (2) the entire sale proceeds shall be kept in a scheduled bank in the name of the minORS.(3) the appellant shall be entitled to utilize the sale proceeds to purchase some other property in the name of minORS.otherwise the amount would remain lying in the bank in the names of the minORS.The appellant aggrieved Gaurav Bhardwaj 2013.09.06 16:26 I attest to the accuracy and integrity of this document High Court,Chandigarh 441 FAO No.4092 of 2001 -2 - 2- against the said conditions that were imposed, filed the present appeal, which was admitted on 13.12.2001.
As already noticed, at the time of filing the petition on 28.1.2001, the minot children namely Gaurav and Mayuri were aged 14 years and 11 years respectively.
As on date, they have attained the age of majority.
Therefore, they can alienate the property according to their wishes and desire and the conditions that were imposed have become inoperative.
In the circumstances, the present appeal has been rendered infructuous.
Accordingly, the appeal is dismissed as infructuous.
(S.S.Saron) Judge (S.P.Bangarh ) Judge August 20, 2013 G.
Bhardwaj Gaurav Bhardwaj 2013.09.06 16:26 I attest to the accuracy and integrity of this document High Court,Chandigarh