Sections 53 and 54 of Mental Health Act, 1987= In the impugned order, the Court below found that the appellant herein has no locus standi to file O.P.No.673 of 1999 as much as he is not having blood relation with the alleged lunatic Brahmaraju and the fifth respondent is the wife of Brahmaraju and the said Brahmaraju is a deaf and dumb person. Further, the mother and sister of the said lunatic are also alive. In view of aforesaid reasons recorded by the Court below in the impugned order, we do not find any ground to entertain this Civil Miscellaneous Appeal at this point of time.

CMA 768 / 2013

CMASR 14616 / 2003

PETITIONER RESPONDENT K.SURJYANARAYANA   VS NAMA LAKSHMI & 4 ORS PET.ADV. : NIRANJAN REDDY RESP.ADV. :  SUBJECT: MATRIMONIAL CASES DISTRICT:  VISAKHAPATNAM

published in http://164.100.12.10/hcorders/orders/2013/cma/cma_768_2013.html

THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

and

THE HON’BLE SRI JUSTICE A.V.SESHA SAI

CIVIL MISCELLANEOUS APPEAL No.768  of  2013

ORDER: (per RSR, J)

          This Civil Miscellaneous Appeal is filed by the petitioner in O.P.No.673 of 1999, aggrieved of order, dated 10.01.2003 passed by the learned V Additional District Judge-cum-Judge, Family Court, Visakhapatnam.

          The appellant herein filed aforesaid O.P. under Sections 53 and 54 of Mental Health Act, 1987 seeking custody of Sri Nama Brahmaraju, Son of Peddiraju and to appoint him as Manager to manage the estate of the said lunatic. 

The Court below mainly on the ground that the mother and sister of the said
mentally ill person are very much alive, refused to give custody of the said lunatic to the appellant herein and dismissed the O.P. by the impugned order.

          This Civil Miscellaneous Appeal was filed in 2003, but, one reason or the other, same could not be numbered and later, it was numbered and is listed today.

          Having heard the learned counsel for the parties, we have perused the impugned order.

          In the impugned order, the Court below found that the appellant herein has no locus standi to file O.P.No.673 of 1999 as much as he is not having blood relation with the alleged lunatic Brahmaraju and the fifth respondent is the wife of Brahmaraju and the said Brahmaraju is a deaf and dumb person. Further, the mother and sister of the said lunatic are also alive.

In view of aforesaid reasons recorded by the Court below in the impugned order, we do not find any ground to entertain this Civil Miscellaneous Appeal at this point of time.

          In that view of the matter, the Civil Miscellaneous Appeal is dismissed. It is made clear that with regard to the properties, the issue is left open to the parties to work out the remedies available under law. No order as to costs.

           Miscellaneous Petitions, if any pending in this appeal shall stand closed.

______________________

R.SUBHASH REDDY, J

16^th SEPTEMBER, 2013.

_________________

                                                                         A.V.SESHA SAI, J

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