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2018 Supreme(Guj) 1069

J.B.PARDIWALA
CHETAN BABUBHAI LAKHANI – Appellant
Versus
MAHENDRABHAI LILADHARBHAI MASHRU – Respondent


Advocates:
Advocate Appeared:
I.H. Syed, Adv., Y.H. Motiramani, Adv., Divyesh G Nimavat, Adv., Digant B Kakkad, Adv.

JUDGMENT

J. B. PARDIWALA, J.

1. This appeal under Section-76 of the Mental Health Act, 1987 [for short the Act, 1987] is at the instance of the original applicant on the file of Civil Misc. Application No.21 of 2015 in the proceedings before the District Court, Junagadh and is directed against the order passed by the 10th Adhoc Additional District Judge, Junagadh dated 13/05/2015 below Exh.6 in the Civil Misc. Application No.21 of 2015.

2. The case of the appellant herein in his own words as pleaded in the memo of the First Appeal is as under:-

2.1 29.07.2013/7.08.2013 - CMA 102/2013:-

The appellant states that his uncle- Shri Chandrakant Popatbhai Lakhani (for short "the mentally ill person") is aged about 77 years and is mentally ill atleast since the year 2011. The appellant states that the office of Chief District Medical Officer-Cum-Civil Surgeon, Civil Hospital, Junagadh has issued a certificate no.577 dated 29.07.2013 declaring that the mentally ill person is schizophrenic for last 15-16 years with moderate (40%) mental retardation or mental disability, which is of permanent nature. Relying on the said certificate and factually also it must have been found that the mentally ill p









































































































































































































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