@JUDGMENTTAG-ORDER
B.S. Patil, J.@mdashPetitioner as aggrieved by the order dated 16.12.2010 passed by the learned Civil Judge (Sr. Dn.), Kollegal dismissing the interlocutory application I.A. No. 4 filed by him in G & W No. l/2010, The said application was filed under Order 7 Rule 11 seeking rejection of the petition filed by the Respondent herein for appointing her as guardian of the minor child.
2. The Petitioner contended before the Court below that as the petition filed by the Respondent seeking her appointment as guardian of the minor did not disclose any cause of action and as the Petitioner being the lather was the natural guardian of the minor child who is of the age of 5 years 8 months, the petition was liable to be rejected, The Trial Court has declined the prayer made in the application. Aggrieved by the same, the present writ petition is filed.
3. I have heard the learned Counsel for the Petitioner and perused the pleadings, the impugned order and the other materials on record.
4. I do not find airy apparent illegality or error of jurisdiction in the order passed so as to warrant interference in exercise of the writ jurisdiction. The Court, below has rightly rejected the application holding that as the matter pertains to the appointment of the guardian of the minor, the same has to be examined on merits of the case which can only be done after trial Hence, I do not find any merit in the writ petition.
Petition is accordingly dismissed.
