IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 14566 of 2009(O) OS.177/2007 of SUB COURT, HOSDRUG .................... PETITIONER: M.V.ABDUL RAHIMAN HAJI, AGED 58 YEARS, S/O.KUTTY MOOSA, RESIDING AT THAKKAPURAPM, PADANNA VILLAGE, HOSDURG TALUK. BY ADV. MR. C.KHALID MR. N.GOPINATHA PANICKER MR. T.P.SAJID MS. M.A.SULFIA MS. NAMITHA JYOTHISH RESPONDENTS: 1. M.V.C. ABDULLA HAJI, AGED 62 YEARS, S/O.KUTTY MOOSA, MADIKUNNU HOUSE, CHARVATHUR RAILWAY GATE, CHARVATHUR VILLAGE, HOSDURG TALUK. 2. A.V.FAIZAL, AGED 32 YEARS, S/O.M.V.KUNHIMOIDEENKUTTY HAJI, RESIDING AT RAILWAY STATION ROAD, CHARVATHUR VILLAGE, HOSDURG TALUK. 3. M.BEEFATHUMMA, AGED 53 YEARS, W/O.M.V.C. ABDULLA HAJI, MADIKKUNNU HOUSE, CHERVATHUR VILLAGE. 4. M.SAHIRA, AGED 25 YEARS, D/O.M.V.C.ABDULLA HAJI, MADIKKUNNU HOUSE, CHERVATHUR VILLAGE. 5. A.SHAMEER, AGED 35 YEARS, S/O.HASSAN, MADIKKUNNU HOUSE, CHERVATHUR VILLAGE. 6. M.V.KUNHIMOIDEENKUTTY HAJI, AGED 65 YEARS, S/O.KUTTY MOOSA, NEAR RAILWAY STATION, CHARVATHUR VILLAGE, HOSDURG TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 14566 of 2009 ========================== Dated this the 27th day of May, 2009. JUDGMENT The petitioner who is the plaintiff in O.S. No. 177 of 2008 on the file of the Sub Court, Hosdurg, challenges Ext.P2 order dated 08.04.2009 passed by the court below appointing the 3rd defendant who is the wife of the 1st defendant as his guardian as against the claim of the petitioner to appoint a court guardian for the 1st defendant. The suit is one for a perpetual injunction with regard to the assets of the partnership firm by name Ponnara Jewellery of which the plaintiff and defendants 1 and 2 are partners. The 1st defendant met with an accident at Pujairah in the United Arab Emirates on 17.07.2005 and as a result of the said accident, he lost his consciousness and is presently in a coma stage. The petitioner filed I.A. No. 1173 of 2007 seeking appointment of a court guardian for the 1st defendant who is having a vegetable existence. The said application was opposed and as per the impugned order, the learned Subordinate Judge has appointed Beefathuma, the wife of the 1st defendant as his W.P.(C) No. 14566 of 2009 : 2 : guardian as against the claim of the plaintiff for the appointment of a court guardian. The court below has also observed that the wife of the 1st defendant has no interest adverse to that of the 1st defendant. In that view of the matter, the order passed by the court below cannot be faulted. I see no reason to interfere with Ext.P2 order. This writ petition is accordingly dismissed. Dated this the 27th day of May, 2009. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 14566 of 2009 : 3 :