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Bombay High CourtWP/3244/2019disposed off

Anmol Kumar Sawlani v. Chaitanya Mental Healthcare Centre Thru Director Rony George

2019-02-22Hon'Ble Shri Justice K.K. Tated2 pages

49.33830.18-wpst.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.33830/2018 Anmol Kumar Sawlani ... Petitioner V/s.

Chaitanya Mental Healthcare Centre ... Respondent Mr. Rohan Kelkar with Ms. B. John, Ms. Anushka Shah I/b. AZB & Partners for the Petitioner Mrs. Madhavi Tavanandi for the Respondent

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 22, 2019 P.C. :

Heard. The learned counsel for the Respondent has filed Affidavit-in-Reply dated 18.02.2019. Same is taken on record. The learned counsel for the Petitioner, after taking instructions from their clients, makes a statement that in the present proceedings, they are restricting their prayer only to direct the Trial Court to decide their Misc. Application No.631/2016 for appointment of a guardian for maintaining an ill person as per Order 32 Rule 1 of the Code of Civil Procedure, 1908 and under section 53 of the Mental Health Act, as early as possible but within a time bound manner.

The learned counsel for the Respondent submits that they have no objection for the said prayer. She submits that to that effect, they have also given in writing in paragraph 4 of their Affidavit-in-Reply.

Basavraj G. Patil 1/2

49.33830.18-wpst.doc Considering the submissions made by the learned counsel for the Petitioner, without going into the merits of the matter, the Writ Petition stands disposed of with following directions: a.

The District Court, Pune is directed to decide Misc. Application No.631/2016 as early as possible but in any case on or before 20.04.2019.

b.

All contentions of the parties are kept open. c.

The Writ Petition stands disposed of accordingly. d.

No order as to costs.

e.

Parties to act on an authenticated copy of this order. (K. K. TATED, J.) Basavraj G. Patil 2/2