HARDIK VIRAT MAJMUDAR Vs. VINAYKRAO SHANTILAL DESAI

JUDGEMENT

(1.) Challenge in this Appeal is made to the order passed by the 10th Additional District Judge, Vadodara dated 11.04.2012 below Miscellaneous Civil Application No.79 of 2001. By the impugned order, the District Court has, under the provision of Section 53 of the Mental Health Act, 1987 ('the Act' for short), appointed the Superintendent of Mental Hospital, Vadodara, as the Guardian of Kum. Shraddhaben M. Majmudar, who is a mentally ill person and who is looked after there since more than two decades. By the said order, the District Court has, under the provision of Section 54 of the Act, appointed Shri V.S.Desai as the Manager of all and any property of the said person Kum. Shraddhaben M. Majmudar. It is this second part of the order which has aggrieved the appellant.

(2.) Relevant facts as emerging from the record are as under.

(3.) 3.1 It is noted that, while the matter was listed for final hearing before this Court, though time was asked for more than once on behalf of the appellant, no one has remained present before this Court. Mr.A.R.Majmudar, learned advocate for the appellant has, at the time of final hearing, withdrawn his appearance. Subsequently, though appearance of Mr.B.M.Mangukia, learned advocate is shown for the appellant, at the time of hearing of the matter, no submission is made on his behalf on the ground that he does not have any instruction in the matter.