Mrs.Sugunthalakshmi And 5 Others v. Mrs.Manohari And Another

Application No.2599 of 2020 in C.S.No.552 of 2019 R.PONGIAPPAN, J.

This application has been filed to appoint Mr.N.Dillibabu or any other person as guardian to Mr.K.Dillibabu/2nd respondent.

2. The main suit in respect to this application was filed for the relief of partition and separate possession wherein, it was stated that Mr.K.Dillibabu S/o. Late Kannabiran is a second respondent/defendant and also a necessary party to decide the suit.

3. Learned counsel for the plaintiff submits that the said K.Dillibabu is suffering from intellectual disability and the medical record which has been filed in the suit would prove the same. Further, he is not in a position to defend the suit. The second respondent is taken care by the 2nd plaintiff and all other plaintiffs were assisting her. Mr.N.Dillibabu was residing in the house where the 2nd respondent is also residing. He has been living in the said house from the birth and was assisting them to take care the 2nd respondent. He shifted his house to another place around ten years back but

still continues to visit the second respondent regularly. He is a family friend of the plaintiffs and first respondent herein. In this regard, he prayed to appoint one Mr.N.Dillibabu as a Guardian to K.Dillibabu. In respect to the said appointment, N.Dillibabu has given a consent to appoint him as Guardian to K.Dillibabu.

4. In view of the above facts, this application is ordered.

5. Issue notice to N.Dillibabu returnable by 09.03.2021. Post the civil suit on 09.03.2021.

16.02.2021 msv

R.PONGIAPPAN, J.

msv Application No.2599 of 2020 in C.S.No.552 of 2019 16.02.2021