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2021 Supreme(HP) 556

SANDEEP SHARMA
BALRAM SINGH, S/O SHRI DHANI RAM – Appellant
Versus
DHANI RAM, S/O SH. SHANKAR – Respondent


Advocates Appeared:
For The Appellant :MR. VIJENDER KATOCH, ADVOCATE
For The Respondent:MR. AJAY SHARMA, SENIOR ADVOCATE WITH MR. ATHARV SHARMA, ADVOCATE

ORDER :

Being aggrieved and dissatisfied with order dated 18.8.2021, passed by the learned Civil Judge, Indora, District Kangra, HP, whereby an application under Order 32 Rule 15 CPC, having been filed by the petitioner-plaintiff (herein after referred to as “the plaintiff”), praying therein for appointment of natural guardian for defendant No.1, came to be dismissed, plaintiff has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-aside the order passed by the court below and constitute medial board to examine the mental health of defendant No.1, who is 88 years old.

2. Pursuant to notice issued in terms of order dated 5.10.2021, Mr. Atharv Sharma, Advocate, has put in appearance on behalf of the respondent.

3. Having heard learned counsel for the parties and perused material available on record vis-à-vis reasoning assigned by the court below, while passing the impugned order, this Court finds no illegality and infirmity in the order impugned in the instant proceedings and as such, no interference is called for.

4. Precisely, in the case at hand, plaintiff, who happens to be son of defendant No.1, filed an appl

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