Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :SUIT/0101098/2020
Ajit Baburao Kerkar Vs Ajay Ajit Peter Kerkar
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&amp#039t 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
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COURT 4 ADDL SESSIONS JUDGE
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