Date: 08-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: DIRECTIONS
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Adv. Mr. Shashipal Shankar for plaintiff present
Adv. Mr. Mohan V. Khatavkar for defendant present
Heard Adv for plaintiff
ORDER
This is a suit under Order XXXII-A of the Code of Civil Procedure 1908. In this case the plaintiff, husband of Elizabeth, has prayed for declaration that he is entitled to act as guardian of his wife Elizabeth till she continues to be in coma and in that capacity as a guardian he is entitled to execute deed of conveyance pursuant to the Agreement for Sale Exh.B with the plaint.
The defendants no. 1 and 2 are son and daughter of plaintiff and Elizabeth. They have appeared and filed affidavits Exhs. 3 and 4 and given no objection to the grant of above prayer. The plaintiff has placed on record medical certificate of Elizabeth issued by Dr. Pravin Amin.
In view of judgment in Dr. Madhu Vijaykumar Gupta Vs. State of Maharashtra and ors. 2019-3-R.C.R.civil-259 and by way of abundant precaution this Court appointed Court Commissioner vide order dated 02.09.2020 to visit residential address of the plaintiff and to report the Court regarding the health condition of Elizabeth. The Court Commissioner Mr. M. S. Bhosale, Deputy Registrar, City Civil Court, Mumbai visited the residential address of the plaintiff on 03.09.2020. He has filed his report (Exh.5) stating that Elizabeth is bed ridden, one lady nurse and one ward boy were in attendance. Finally, he has reported that Elizabeth is in coma, she can\''t move on her own and she is in bed ridden condition with oxigen support.
From all the above circumstances, it is brought on record that Elizabeth needs 24X7 assistance for her basic daily needs and can not take any rational decision on her own. At the cost of repetition, the defendants, adult family members, have filed affidavits consenting to prayers made by the plaintiff. Therefore, the suit is decreed with following order -
Order
1. The suit is decreed.
2. It is hereby declared that the plaintiff Ajit Baburao Kerkar is entitled to act as guardian of his wife Elizabeth till she continues in coma and in the capacity as a guardian, he is entitled to execute conveyance pursuant to the Agreement for Sale dated 08.01.2020 Exh.B annexed to the plaint.
3. After execution of the Conveyance Deed in furtherance of Agreement for Sale dated 08.01.2020 pursuant to this Order, the plaintiff shall file copy of such Deed before this Court within one month from the date of Execution of Conveyance Deed.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 11-09-2020