PRAKASHCHANDRA GAUTAMBHAI DAMORversusSHAMBUBHAI NAVALBHAI BHAMAT
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- C DOSHI
Holding
The guardian appointment order becomes infructuous once the protected persons attain majority, and the appeal is disposed without merits.
Summary
The appellant Prakashchandra Gautambhai Damor filed a first appeal against a district court order that appointed Shambubhai Navalbhai Bhamat as guardian of two minor daughters of the deceased Naynaben. Both daughters have now attained the age of majority, having turned 18 years old. The parties argued that the guardian appointment is no longer necessary because the minors can now manage their own person and property. The High Court, without examining the substantive merits, held that the original order had become infructuous due to the passage of time. Consequently, the appeal was disposed of as infructuous and the guardian appointment was set aside.
Issues considered
- What is the effect of a guardian appointment order when the protected persons attain majority?
Subjects
Judgment
C/FA/1114/2018 ORDER DATED: 16/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1114 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In R/FIRST APPEAL NO. 1114 of 2018
==========================================================
PRAKASHCHANDRA GAUTAMBHAI DAMOR
Versus
SHAMBUBHAI NAVALBHAI BHAMAT & ORS.
==========================================================
Appearance:
MR MA KHARADI(1032) for the Appellant(s) No. 1
MR DAXESH T DAVE(248) for the Defendant(s) No. 2
MR PRADIP J PATEL(5896) for the Defendant(s) No. 1
MR RITURAJ M MEENA(3224) for the Defendant(s) No. 5
MR UM SHASTRI(830) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 3
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 16/03/2026
ORDER
1. This First Appeal is directed against the judgment and
order dated 24.1.2018 passed by the learned District Judge,
Mahisagar at Lunavada in CMA (Guardian) No.62 of 2017,
whereby the learned appellate Court appointed respondent
No.1 Shambhubhai Navalbhai Bhamat as guardian of the
person and property of of two minor daughters of deceased
Naynaben i.e. daughter A and D (To save identity of both the
minor girls, their names are not mentioned and they are
replaced by /rst letter of their names).
2. When the matter is called out, learned advocates for
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C/FA/1114/2018 ORDER DATED: 16/03/2026
both the sides submitted that both the minor daughters have
become major as on today, and have crossed the majority age
mark of 18 years. Therefore, the impugned order becomes
infructuous on the ground of e2ux of time. Now, both the
daughters became major and can take their own decision for
their own person and their own property.
3. Resultantly, present First Appeal, without entering into
the merits of the case, stands disposed of as having become
infructuous. Notice discharged.
4. Consequently, CA does not survive and stands disposed
of accordingly.
5. Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 16/03/2026 16:33:31
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