Sunil Ambwani, J. - (1.) This Full Bench has been constituted by Hon'ble the Acting Chief Justice on a reference made by learned Single Judge on 4.7.2000, to decide the following two questions :-" 1. Whether an order that the appeal will be heard amounts to admission to (sic) appeal under Order XLI, Rule 9 of the C.P.C. and Chapter XI, Rule 9 of the Rules of the Court.
(2.) Whether office could admit the appeal without there being any order of the Court purporting to be an order of the Court." 2. The First Appeal in the instant case arises out of the Judgment and Order dated 24.1.2000 passed by the Principal Judge (Family Court), Moradabad, in case No. 107/1998, Mohd. Furqan v. Mohd. Salim and Smt. Razia Sultana, by which application of plaintiff-respondents for custody of his son Mohd. Zeeshan was allowed to be given to the applicant father Mohd. Furqan the respondents in the appeal.
(3.) From the judgment and decree on record we find that on 23.1.1999 the minor Mohd. Zeeshan was 14 year's old. He has now become major and no longer requires the appointment of a guardian. The application giving rise to this appeal for custody as such has become infructuous, and does not require any further adjudication. However, since the questions referred to this Full Bench have some importance and bearing on the pending First Appeals or the First Appeal which may be filed in this Court, we are proceeding to consider and decide them.;