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 person requires to be guided by a guardian duly appointed by the competent court, the respondent herein filed a Civil Misc. Application No. 102/2013 (for short "CMA 102/2013") before the Court of Learned Principle District Judge, Junagadh (for short "the Learned Trial Court") seeking his appointment as guardian and manager of properties of mentally ill person.

The appellant states that the Learned Trial Court had issued a notice to the next of kin of the mentally ill person and accordingly the appellant was served with a notice of said CMA 102/2013. At the relevant point of time the appellant had good faith in the respondent and bonafide believed that the respondent would act in the best interest of the mentally ill person. Thus the appellant did not object to the said CMA102/2013 and wanted the said application to be allowed in the interest of mentally ill person.

2.2 17.05.2014 - Withdrawal order passed in CMA102/2013:

The appellant states that the respondent filed a purshis (exh.52) in the said CMA102/2013 and accordingly vide order dated 17.05.2014 passed below exh.1 the said CMA102/2013 was permitted to be withdrawn. The appellant submits that this withdrawal was legally not permissible and even factually at the time of withdrawal also the mentally ill person was never cured and he remains to be mentally ill throughout and on misstatement of fact the CMA102/2013 was sought to be withdrawn.

2.3 27/29.01.2015 -Public notice by appellant:

The appellant states that as soon as he learnt about the withdrawal of the CMA 102/2013 and apprehended that the properties of the mentally ill person might be disposed off fraudulently, the appellant issued a public notice dated 27.01.2015 which was published in daily newspaper- Sandesh on 29.01.2015.

2.4 5.02.2015 - CMA No.21/2015:

The appellant states that the appellant filed the present CMA 21/2015 before the District Court at Junagadh and prayed for the following reliefs:

"16. The applicant prays:

(A) that the Honourable Court be pleased to hold an inquisition under Section 50(2) of Mental Health Act, 1987 and order an inquiry about the mental condition of Shri Chandrakant Popatlal Lakhani and pass other appropriate orders;

(B) that the Honourable Court be pleased to appoint the applicant - Chetan Babubhai Lakhani as guardian of mentally ill person and to manage, hold ad control all the movable and immovable properties including bank accounts, etc. of the mentally ill person;

(C) the Honourable Court be pleased to pass permanent injunction against all so-called power of attorney holders or persons holding any contract to sale or cheques or promissory notes holding on or on behalf of Chandrakant Popatlal Lakhani (mentally ill person) not to execute any such contract or cheques or promissory notes, etc.

(D) for such other a