Pragnesh Podar v. Alka Podar And 3 ORS

sl 120 of 2017 (923).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.120 OF 2017 Pragnesh Podar ...

Plaintiff versus Alka Podar and Ors.

...

Defendants Mr. Sharan Jagtiani with Mr. C.D.Mehta, Mr. Lalan Gupta, Mr. Parshva Doshi i/by M/s. Dhruve Liladhar and Co., for Plaintiff.

Ms. Sonu Tandon, for Defendant Nos.1 and 2.

Ms. Jyoti Chavan, AGP for Defendant No.3.

Mr. Prashant P. Jadhav, for Union of India.

Ms. Alka Podar and Ms. Nidhi Podar, Defendant Nos.1 and 2 present. CORAM: S.J. KATHAWALLA, J.

DATE: 6 th MARCH, 2017 P.C.:

1.

Perused the Plaint. Heard the learned Advocates for the parties. Defendant Nos.1 to 4 have no objection if the Suit is allowed in terms of prayer clauses (a) and (c). The learned AGP for Defendant No.3 has submitted that the cause title be amended to the extent of stating that the State of Maharashtra is represented by Chief Secretary, Government of Maharashtra, instead of 'Secretary, Ministry of Health and Family Welfare, Mumbai'

. The learned Advocate for the Plaintiff is allowed to carry out amendment to the aforestated extent on or before 07-03-2017. Re-verification is dispensed with.

ssp 1/2

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The Suit is allowed in terms of prayer clauses (a) and (c) which are reproduced hereunder :

"(a)That this Hon'ble Court be pleased to declare, recognize and appoint the Plaintiff as the lawful guardian of the said Narayan Podar and manager of the movable and immovable assets, business, properties, affairs and operate bank accounts of the said Narayan Podar and thereby grant authority to the Plaintiff to deal with the same for the benefit/treatment of the said Narayan Podar and the upkeep of the family and its business;

(c) to direct Defendant Nos.3 and 4 and all its departments, institutions and agencies by a mandatory order of injunction to recognize the Plaintiff as legal guardian of the said Narayan Podar and to act on his behalf as such;"

2.

The Suit is accordingly disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2