- (1.) Instant appeal has been preferred against order dated 10-2-04 passed by learned Addl.District Judge, court no.4 Fatehpur in civil suit no. 26/70/02(Rajendra Kumar Shukla and others v. Vishnu Kumar Shukla and others) whereby the Application 4-A moved by the appellant Rajendra Kumar Shukla and his wife Smt. Kusma Shukla for handing over minor Yaklendra Kumar Shukla in tneir guardianship was rejected.
(2.) Heard Sri M.P.Yadav, learned counsel for the appellant and Sri S.K.Pal learned counsel for respondent no. 1 and 2 and Sri Amit Srivastava learned counsel for the respondents and have gone through the record.
(3.) The facts as disclosed from the record is that Rajendra Kumar Shukla is resident of village Shivramau, P.S. Ghazipur, district Fatehpur. At present he lives in House No. 92/93 LIG, Avas Vikas Colony, Civil Lines, Fatehpur. Opposite party no.l Vishnu Kumar Shukla and opposite party no.2 Smt. Ansuiya Devi @ Bitti wife of Vishnu Kumar Shukla live in Mohalla Krishna colony, Hariharganj, Town Fatehpur. Vishnu Kumar Shukla is real brother of applicant Rajendra Kumar Shukla. Opposite party no.3 Smt. Usha Devi is wife of Late Tej Kumar Shukla and lives in village Shivramau, Police Station Ghazipur, district Fatehpur. Late Tej Kumar Shukla was real brother of Rajendra Kumar Shukla and Vishnu Kumar Shukla, who died in prime of his age. They are permanent resident of village Shivramau, P.S.Ghazipur, district Fatehpur where opposite party no.3 Smt. Usha Devi lives. Her husband's brothers Rajendra Kumar Shukla and Vishnu Kumar,Shukla and their families live in Town Fatehpur.;