Final Order 2

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Guardian Petition No. 35/2020
Received on : 07.02.2020
Registered on : 14.02.2020
Decided on : 19.01.2022
Duration : 01 11 05
Y M D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
GUARDIAN PETITION NO.35 OF 2020
(CNR No.MHCC010016232020)
Kamlesh Durlabhji Doshi
Age: 46 years, Occ: Businessman
R/o: 108/4, Sion Devi Niwas, Road
No. 24, Sion (West)
Mumbai 400 022. ...Petitioner
Appearance :
Ms. Bharati Mishra, Advocate for the Petitioner.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 19th January, 2022.
JUDGMENT
1. This is petition for appointment of petitioner as a guardian of the
property of mentally ill person namely Erica Jhonsa, under section
14(1) of the Right of Person with Disabilities Act, 2016.
2. The facts in brief are as under;
One Mr. Bharat C. Jhonsa had purchased flat as mentioned in
Exh. 'G' at Sheetalnath Tower, building no.5, Wing C1, Sudha Park at
8th floor, R.N. 801, Ghatkopar (East), Mumbai. Mr. Bharat C. Jhonsa
and his wife Mrs. Niranjana B. Jhonsa became members of the society.
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Judgment 2 Guardian Petition No. 35/2020
The couple was residing in USA. During said wedlock they were blessed
with Mehul, Dolly and Erica. Mr. Bharat Jhonsa died in the year 2013
and Ms. Niranjana died in 2019 intestate leaving behind their children.
3. Ms. Erica Jhonsa was prematured baby. She has been suffering
the mental disease since, 1976. Ms. Erica is unable to do her work. She
is under treatment of psychiatrist inUSA. Applicant is a maternal uncle
of Mehul, Dolly and Erica. Ms. Erica has 1/3 share in the said flat.
Applicant resides in Mumbai. Mr. Mehul and Ms. Dolly have executed
power of attorney in the name of applicant to dispose of the share of
Ms. Erica and therefore, prayed to appoint him as a guardian.
4. Public notice and citation notice were issued. However, no one
raised objection. Heard Ms. Bharati Mishra, Advocate for petitioner.
5. I have perused the record. It appears that Ms. Bharat Jhonsa and
Niranjana Jhonsa are members of the society, wherein the said flat is
situated. The documents do show that Ms. Erica is mentally retarded.
She is taking the treatment in US. Further, Mr. Mehul and Ms. Dolly
executed power of attorney in respect of the said flat in the name of
applicant. Therefore, considering the facts and circumstance of the case
and the nature of illness of Ms. Erica Jhonsa, it is necessary to appoint
applicant as her guardian. Therefore, following order.
ORDER
1. The petitioner Kamlesh Durlabhji Doshi, is
appointed under section 14(1) of the Rights of Persons
with Disabilities Act, 2016 as the total support guardian
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Judgment 3 Guardian Petition No. 35/2020
for Erica Jhonsa and as Manager of his Estate as
mentioned in Exhibit 'C' of the petition.
2. The petitioner shall file in this Court in a period of three
months from today and three months immediately after the
end of every financial year, the returns of the movable and
immovable properties and dues owned by Erica Jhonsa.
3. The petitioners shall take prior permission of this Court
before transferring any of the movable and immovable
properties of Erica Jhonsa.
4. The petition is allowed and disposed off accordingly.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 19/01/2022. Mumbai.
Dictated on : 19 & 03.02.2022.
Transcribed on : 04.02.2022.
Date of sign : 04.02.2022.
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Judgment 4 Guardian Petition No. 35/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
04.02.2022. Mrs. S.S.Sawant
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 19.01.2022.
Order signed by P.O. on 04.02.2022.
order reuploaded on 3/3/2022 as per
order in MA19/22
03.03.2022.
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