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Madras High CourtA/4860/2025allowed

Anita Devi And 2 Others v. Mr.Rattan Kumar Khemka And 16 Others

2025-10-24Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 4860 of 2025 in C.S.No.17 of 2024

1. Anitha Devi

2. Madhusudan Khemka

3. Nipun Khemka Applicant(s) Vs

1. Rattan Kumar Khemka 2.Nirmal Khemka

3. Munish Khemka 4.Rekha Saraf 5.Sunita Mittal 6.Champa Devi 7.Rajkumar Khemka 8.Thirupathi Kumar 9.Meenakshi Agarwal 10.Archana Bansal 1/4

11.Sushila Devi 12.Suman Khemka 13.Raghav Khemka 14.Madhav Khemka 15.Sundeep Khemka 16.Ambeek Kumar Khemka 17.Akanksha Praveen Respondent(s) PRAYER Application filed under Order XIV Rule 8 of the O.S.Rules r/w under Order 32 Rule 15 of CPC r/w Order 32 Rule 3 of CPC to pass an order appointing Anita Devi, the 1st applicant next friend and guardian for Nipun Khamka 3rd applicant herein and 15th defendant in the suit in C.S.No.17 of 2024.

For Applicant(s):

Mr.S.Poovendhan For Respondents:

Mr.Ralph V.Manohar for R1 to R4 Mr.S.Poovendhan for R5 & R17 Mr.M.Sunilkumar for R11 to R16 No appearance for R6 to R10

ORDER

This application is filed by the applicants / defendants 1, 2 and 15 to appoint the 1st applicant / 1st defendant as guardian to the mentally retarded person / 3rd applicant/ 15th defendant.

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2. According to the applicants, the 3rd applicant / 15th defendant is a mentally retarded person and suffering from 90% of disability and lacks intellectual capacity to understand anything and the 3rd applicant is under the care and custody of the 1st applicant / 1st defendant, therefore, filed the present application.

3. There is no objection on the side of the respondents to allow the present application.

4. Considering the reasons stated in the affidavit filed in support of the application and in order to defend the 3rd applicant / 15th defendant, appointment of guardian is necessary, since the 3rd applicant is under the care and custody of the 1st applicant / 1st defendant and there is no adverse interest against the 3rd applicant / 3rd defendant, the 1st applicant is appointed as guardian for the 3rd applicant / 3rd defendant and this application is allowed. 24-10-2025 Index:Yes/No; Speaking/Non-speaking order Internet:Yes 3/4

P.DHANABAL J.

ssd 24-10-2025 4/4