R BALACHANDRAN Vs. GEETHA R

JUDGEMENT

(1.) The challenge in this petition is against the order in I.A.No.1349/2017 in O.S.No.581/2015(Ext.P6 order). The petitioner is the third plaintiff and the next friend of plaintiffs 1 and 2 in the above suit on the files of the Munsiff's Court, Aluva. The suit was one for declaration and for injunction against the first defendant/first respondent from alienation of the scheduled property and making constructions therein. The first plaintiff/father is no more. The second plaintiff is none other than the brother of the petitioner herein.

(2.) The court below earlier by Ext.P3 order found as follows:-

(3.) Now, what happened is that the second plaintiff after the death of the first plaintiff, in 2017, filed I.A.No.1349/2017 in O.S.No.581/2015 under Order XXXII Rule 9 and 10 of the Code of Civil Procedure to remove the guardian. As per the impugned order, it can be see that a counter was allowed to be filed by the parties and an enquiry was conducted to ascertain the mental capacity of the second plaintiff. After considering the earlier voire dire test conducted by the predecessor in office as well as the certificate issued by the Medical Board, the court below found that the second plaintiff is now capable of protecting his interest and could understand the implication of law and facts and on the said back ground, the petition was allowed. As already stated, the challenge is against the said order.