Anil Shantilal Parekh v. Jaswanti V. Sanghvi & Anr.

Mr.D.V.Merchant a/w Ruchir Totat i/by Vinay Bhate, advs. For the Appellant. Mr. Prakash Shah, adv. For the Respondent No.1. Nitin Ghaure, adv. for the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : MARCH 29, 2010 P.C. 1 2 Heard the learned counsel for the parties. The appellant and the respondent no.1 were appointed as co- guardians of the lunatic Kirti Dalal in Mental Health Petition No.11/00 by the High Court. Respondent No.1 filed Miscellaneous Application No.59/07 before the City Civil Court for removal of the appellant from the co-guardian therein. City Civil Court has suspended the powers of the present appellant. In view of the provisions of 69(1) of the Mental Health Act, 1987, manager of the property of mentally ill person may be removed by the authority which appointed him. In the present case, High Court was the appointing authority and, therefore, if any of the co- - 2 - guardians has to be removed that can be done only by the High Court and not by the City Civil Court. In view of this legal position, the application for removal could be filed only in the High Court and not before the City Civil Court. In view of this legal position, the learned counsel for the respondent no.1 seeks liberty to withdraw the Miscellaneous Application No.59/07 from the City Civil Court and to file a fresh application on the same grounds before the High Court. Leave granted. In view of this, the present appeal is allowed and the impugned order stands set aside. 3 As the appeal itself is finally disposed off, civil application no.1 of 2010 does not survive and stands disposed off accordingly.

(J.H. BHATIA,J.)