ORDER :

17.2.2014 - This is an application under Section 76 of the Mental Health Act, 1987 (for short 'the Act') challenging the order dated 16.5.2012 passed by the learned District Judge, Cuttack in Guardianship Petition No. 122 of 2011.

2. Appellant No. 1 is the mother and appellant No.2 is her mentally ill son. Appellant No.1 and appellant No.2, being represented by appellant No.1, filed the Guardianship Petition under Sections 50, 51, 52 and 53 of the Act praying therein that the appellant-petitioner No.1 be appointed as the guardian for the person and Manager of the property of appellant-petitioner No.2 claiming that the latter being a mentally ill person is incapable of taking care of himself and of managing his property. The learned District Judge recorded his finding that appellant No.2 is a mentally retarded/mentally ill person and it is necessary to appoint a guardian in respect of the person and property of appellant No.2. However, the mother of the mentally ill person was not found to be fit to be appointed as the guardian of her mentally ill son solely on the ground that before making the Guardianship Application, the mother had executed a sale deed in respect of some pr