RICHARD FERNANDES Vs. LAILA KABIR FERNANDES

JUDGEMENT

(1.) The four plaintiffs, namely, Richard Fernandes, Aloysious Fernandes, Michael Fernandes and Paul Fernandes who are the brothers of Mr. George Fernandes, have filed the suit for permanent and mandatory injunction against the two defendants, namely, Laila Kabir Fernandes wife and Mr. Sean Fernandes son, of George Fernandes, inter-alia seeking their right to have unrestricted and complete access to Mr. George Fernandes and to meet, communicate, care and monitor/supervise the medical treatment being provided to him and also for restraining the defendants from taking Mr. George Fernandes outside the territorial borders of India and further for commanding the defendants to take Mr. George Fernandes back to his own house, i.e. 3, Krishna Menon Marg, New Delhi.

(2.) By order dated 16.03.2010 the defendants were restrained from taking Mr. George Fernandes outside the territorial jurisdiction of this Court without the permission of the Court. The issues were framed on 23.09.2010. The evidence of PW-1 Mr. Richard Fernandes was filed. However, he was partly cross-examined by the defendants' counsel.

(3.) In the meanwhile, the plaintiffs have filed the present application, being I.A. No.272/2012, with the prayer to direct the Joint Registrar to hold trial of this case on day-to-day basis and to conclude the same at an early date, due to the reason that Mr. George Fernandes is about 82 years of age and he is suffering from an advanced stage of Alzheimer's disease. It is also stated in the application that the plaintiffs are having an apprehension that the proceedings may become infructuous even before the trial is concluded if some unfortunate event is happened in due course. It is also stated that the cross-examination of PW-1 was conducted by the defendants on various dates, but despite of that, the same is still unconcluded and the matter has been adjourned from time to time.