1. Impugned in this appeal in an order of District Judge Budgam dated: 17.02.2005 passed in the inquisition proceedings initiated under section 50 of the Mental Health Act, where under the learned Judge while modifying an earlier order of 5.2.2004, allowed release of part pension in favour of the mentally retarded person for the reason that same would be required for her maintenance etc. Ground pleaded is that the order has been passed mechanically and without providing opportunity of being heard to the appellant, and is totally uncalled-for in over all circumstances of the matter. During course of arguments, appellant™s counsel has, besides reiterating the contents of appeal argued that in circumstances of the case the impugned order was passed in total derogation to the facts and law attending the matter, in response whereto learned counsel for respondents 2 to 5 contended that appellant has no genuine interest in the well being of the mentally retarded person and is only interested in her properties etc. Both the counsel have referred to other pending litigation between the parties.

2. I have heard learned counsel, gone through the records and considered the matter. It appears t

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