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2019 Supreme(Bom) 2385

M.S.SANKLECHA, A.S.OKA
Madhu Vijaykumar Gupta – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
S.R. Ronghe, Advocate, for the Appellant; L.T. Satelkar, AGP, for the Respondent

JUDGMENT

A.S. Oka, J. - Rule. The learned AGP waives service for the respondents. Forthwith taken up for final disposal.

2. Paragraph 2 of the order dated 2nd April 2019 reads thus :

    "2. The petitioner is seeking a writ or directions from this Court holding that the petitioner is a guardian of Dr. Vijay Kumar Gupta (her husband), who is suffering from pontine haemorrhage and is in coma since 6th September, 2013. We may note here that under the order dated 12th October, 2017 a Division Bench of this Court noted the facts of the case and directed the Sub-Divisional Officer, Bandra (E), Mumbai to visit the place of residence of the petitioner and submit a report about the condition of Dr. Vijaykumar Gupta with regard to the averments made in the petition. Accordingly, a report has been submitted by the Sub-Divisional Officer, Mumbai, Suburban District. To the said report, a letter dated 18th October, 2017 of Dr. Swapnil Joshi, Assistant Professor of KEM Hospital has been annexed. He has suggested that after examination of history, opinion of neurophysician is advised with further investigation. Therefore, we thought it fit that an opinion of a neurophysician as suggested by Dr. Joshi s

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