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SMT PRIYA SRINIVASAN v. M/S STATE BANK OF INDIA
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NC: 2024:KHC:15231-DB MFA No. 7867 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 7867 OF 2023 (GW)
BETWEEN:
1. SMT. PRIYA SRINIVASAN
W/O LATE SRINIVASAN K.H
AGED ABOUT 43 YEARS
2. MASTER VISHNU SRINIVASAN
S/O LATE SRINIVASAN K.H
AGED ABOUT 05 YEARS
SINCE MINOR REPRESENTED BY HIS
MOTHER SMT. PRIYA SRINIVASAN
BOTH ARE RESIDING AT:
NO.37, 11THC CROSS,
KODANDARAMAPURAM
BANGALORE NORTH
MALLESWARAM
BANGALORE-560 003 …APPELLANTS
(BY SHRI. S LAKSHMINARAYANA, ADVOCATE)
AND:
M/S. STATE BANK OF INDIA
OFFICE AT NO.143
8THCROSS ROAD
YELLAPPA GARDEN
MALLESWARAM BRANCH
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BENGALURU-560 003
REPRESENTED BY ITS
BRANCH MANAGER …RESPONDENT
(BY SHRI. FRANCIS XAVIER,ADVOCATE)
THIS MFA IS FILED U/S 47(a) OF GUARDIANS AND WARDS ACT
AGAINST THE JUDGMENT AND DECREE DATED 25.10.2023 PASSED IN
G AND WC.NO.02/2023 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, CCH-18 DISMISSING
THE PETITION FILED UNDER SECTION, 7 AND 29 OF THE GUARDIANS
AND WARDS ACT, 1890.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ANU
SIVARAMAN J., DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is preferred by the appellants against the dismissal of G & WC No.02/2023 dated 25.10.2023 passed by the XIX Additional City Civil & Sessions Judge at Bangalore City (CCH-18) filed for seeking permission to sell the minor's share in the property. The appellant No.1 is the mother of the minor, who is presently aged 06 years.
2. It is submitted that the appellant No.1 and her husband had purchased the property during the lifetime of her husband by
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registered sale deed dated 01.01.2016. The husband had also availed loan from State Bank of India by mortgaging the said property. Thereafter, husband of appellant No.1 had passed away on 27.03.2022. It is submitted that the minor son became co- owner of the said property along with appellant No.1. The appellant No.1 is desirous of selling the said property for settling the loan amount, to purchase another property and utilizing the proceeds of the sale for the educational expenses of the minor son. However, the trial Court after considering the matter has dismissed the petition stating that the minor is also owner of the property and no records are produced to show that the property has been encumbered and there is no evidence with regard to the educational expenses of the appellant No.2 and how she intends to utilize the proceeds which will be available to her after the sale of the property.
3. The State Bank of India has been made a party before this Court. An affidavit has also been placed on record by the appellant No.1 - mother stating that she intends to sell the property and to settle the loan amount of the bank and also undertakes to deposit 25% of the sale proceedings in the name of the minor child until he attains the age of majority.
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4. Learned counsel appearing for the Bank submits that on the loan amount being settled by the appellant No.1, the bank has no objection to issue no liability certificate so that the sale deed can be executed and the amount can be deposited in the name of the minor child.
5. In the above facts and circumstances, having heard and considering the contentions advanced by either side, we are of the opinion that this the fit case to consider the request made by the natural guardian - mother of the minor son to sell the property on conditions. Therefore, the appellant No.1 is permitted to sell the property of the minor child on condition that the sale proceedings shall be utilized to repay the loan amount and further in the interest of the minor child, 25% of the sale proceedings shall be deposited in the minor's name in any Nationalized Bank till he attains the age of majority. Upon these conditions, the appellant No.1 is permitted to sell the said property.
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6. On the entire loan amount being paid to the bank, the Bank shall release the documents and issue no liability certificate for execution of sale deed. Accordingly, the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RAK
List No.: 1 Sl No.: 23
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