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2025 Supreme(Online)(Bom) 351762

Ajay Amarchand Chhabria & Anr. v. Amarchand Daulatram Chhabria (HUF)


ORDER :

1. These Interim Applications, inter alia, revolve around the state of health of PC (D3) and the necessity of appointment of a guardian ad litem for PC (D3).

2. Since in IA No.708 of 2023, the application was pursued in respect of prayer clauses (b) and (c); seeking a direction for medical examination of PC (D3) and appointment of fit and proper person as an administrator to administer the affairs of PC (D3) under the supervision of this Court, including to act as a guardian of PC (D3), and in IA No.133 of 2024, SD (D5) seeks her appointment as the guardian of the person and properties of PC (D3) both the applications were heard together and are being determined by this common order.

BACKGROUND FACTS :

3. AC (P1) is the son of ADC (D2). PC (D3) is the mother of AC (P1). VC (D4) and SD (D5) are the brother and sister, respectively, of AC (P1). AVC (D6) and SAC (D7) are the children of VC (D4). AVC – HUF (D1) is the HUF which was managed and run by its Karta ADC (D2). PC (P2) is the son of AC (P1).

4. AC (P1) and PC (P2) have instituted the suit in their capacity as the coparceners of ADC - HUF (D1) seeking dissolution of the said HUF and partition of the properties of the s

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