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2021 Supreme(Guj) 879

SANGEETA K.VISHEN
SAMINA AKBAR SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR. JAIMIN R DAVE
For The Respondent: MS.SURBHI BHATI, ASSISTANT GOVERNMENT PLEADER, MR HS MUNSHAW

JUDGMENT :

1. Issue Rule, returnable forthwith. Ms.Surbhi Bhati, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

2. By this petition, the petitioner has invoked the extraordinary jurisdiction of this Court seeking appointment as guardian as well as manager of one Mr.Akbar Ahmed Shaikh i.e. father of the petitioner (hereinafter referred to as “the patient”, as and when the context warrants) in her capacity as daughter of Mr.Akbar Ahmed Shaikh, since he is suffering from comatose state.

3. Tersely stated are the facts:

    3.1 The patient, was an orthopedic surgeon by profession. During December 2015, he had gone for pilgrimage in Jeddah, Saudi Arabia and on 30.12.2015, at around 05.30 a.m. while disembarking from the hotel, he met with an accident with a bus. The said accident caused serious head injuries and the patient, immediately went into comatose state, and had suffered an irreversible brain damage due to the dreadful accident.

3.2 Apropos the accident, the patient was immediately admitted to Noor Hospital, Mecca for treatment, which continued for more than 50 days; however, the patient continued to remain in comatose state and u

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