Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Guardian Petition No. 63/2021
Received on : 24.03.2021
Registered on : 26.03.2021
Decided on : 05.08.2022
Duration : 01 04 11
Y M D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
GUARDIAN PETITION NO.63 OF 2021
(CNR No.MHCC01 0133592019)
Abbas Fakhruddin
Age: 53 years,
R/o: 7, Khalil Mansion Spence
Road, Byculla,Mumbai 400 008.
Through its constitutes Attorney
Shabbir Taher Beguwala
Age: 65 years, Occ: Business
R/o: 48 Sarang Street
2nd floor Mumbai. ...Petitioner
Appearance :
Mr. Sunil Patel Advocate for the Petitioner.
CORAM : S.M. MENJOGE, THE ADDL.
JUDGE (C.R.17)
DATE : 05/08/2022.
JUDGMENT
1. Petitioner is the elder brother of Shabbar Fakhruddin Kaderbhai.
Shabbar is suffering from autism spectrum disorder and is not in a
mental state to manage himself independently. As per the certificate
issued by Apollo hospital and Ramakrishna Mission Seva Pratishthan,
the disorder is permanent in nature and shall deteriorate as he grows
old. Shabbar is kept in Calcutta in mother and childcare institute since
-- 1 of 3 --
Judgment 2 Guardian Petition No. 63/2021
long. Petitioner and Shabbar have 4.5% each share in Fakhruddin
Kaderbhai Trading company at Dubai. The petitioner is the only
person to take care of his brother Shabbar. The notice was issued in the
news paper The Free Prees Journal dated 20/4/2021 and Navshakti
dated 20/4/2021 calling upon the public, the objection if any. But none
appeared. Applicant has also filed affidavit in lieu of his evidence.
Considering the documents on record and the fact that the interest of
the applicant is not against the Shabbar, I am of the opinion that
petitioner is the fit person to appoint him as a legal guardian of Shabbar
Fakhruddin Kaderbhai. Hence, I pass the following order.
ORDER
1. Guardian Petition No.63/2021 is allowed.
2. Petitioner Abbas Fakhruddin Kaderbhai is appointed as a
legal guardian of Shabbar Fakhruddin Kaderbhai for his
welfare and interest and to manage his properties.
3. Guardian Petition No.63/2021 stand disposed of
accordingly.
( S.M. MENJOGE )
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 05.08.2022.
Transcribed on : 05.08.2022.
Date of sign : 05.08.2022.
-- 2 of 3 --
Judgment 3 Guardian Petition No. 63/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
05.08.2022. Mrs. S.S.Sawant
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
S.M. MENJOGE, Addl. Judge,City Civil &
Sessions Court, (C.R.No.17).
Date of pronouncement of /Order 05.08.2022.
Order signed by P.O. on 05.08.2022.
order uploaded on 05.08.2022.
-- 3 of 3 --