SRJ jo-319-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO.319 OF 2009 IN LUNANCY PETITION NO.10 OF 1998 Mr.Hasanali M.A.Sayyed .. Petitioner CORAM : A.S.OKA, J.. DATE : 4th November, 2009. P.C. : 1] The Petitioner filed Lunancy Petition No.10 of 1998 for declaration that one Mr. Hussain Ali Mohsin Ali Sayeed is a person of unsound mind. The Petitioner was appointed as a guardian of the said person under order 16 th July, 1999. The Petitioner is the brother of the lunatic. It is stated in the Affidavit in support that the lunatic died on 11 th May, 2009 at Bombay. The Petitioner claims to be the only surving legal heir of the lunatic. On this basis, the Petitioner has claimed a direction against the Accounts Officer to pay to the Petitioner the amounts at the foot of the account of the lunatic. 2] The Petitioner will have to establish his rights as the only legal representative of the lunatic by filing appropriate proceedings. Unless the Petitioner establishes his rights as the only legal SRJ jo-319-09.sxw 2 representatives of the deceased lunatic, the order which is sought by the Petitioner by Judges Order cannot be passed. Therefore, the prayer for issue of Judges Order is rejected by keeping the remedies open for Petitioner. (A.S.OKA, J. )