1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.55 OF 2007 Servio L.A. Dias & Anr. ...Petitioners Smt. A. Rodrigues ...Guardian ----- Mr. Glenn A. Lobo for Petitioners ----- CORAM: V.M. KANADE J. DATED: 4TH FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioners. 2. The Petitioners have filed this petition for appointing them as guardian of Annie Dias, who is mentally ill person. Though, initially in the petition, a relief was claimed by the Petitioners that they were seeking leave of this Court to sell the flat in which the said Annie Dias has 50% share. Today, the learned Counsel appearing on behalf of the Petitioners submits that he is not pressing for the said relief. It appears that by order dated 20th August, 2008, since the Petitioners and their advocate were absent, an order was passed by the learned Single Judge 2 appointing the Prothonotary and Senior Master as the guardian of the person and property of Ms. Annie Dian. After the said order was passed, the Petitioners have taken out a Notice of Motion No. 3201 of 2008 for recalling the said order. By the said Notice of Motion, the Petitioners are seeking an order of recalling the earlier order dated 28.8.2006 by this Court. 3. In my view, since the Petitioners have now appeared through their Counsel and have explained the circumstances under which the Petitioners counsel could not remain present in the Court on 20.8.2008, in my view, sufficient cause has been shown by the Petitioners for not remaining present in the Court. Hence, the order dated 20.8.2008 is recalled. During pendency of the petition, this Court by order dated 9th July, 2008, appointed the Petitioners as legal guardians to take care of Annie Dias and her property since at that stage, the Petitioners had made a request to this Court that they may be permitted to sell the property standing in the name of the said Annie Dias and certain directions were given by this Court. 4. This Court by order dated 11th April, 2007 had accepted the petition and direction was given to 3 issue notice under section 11 (1) (b) of the Guardian and Wards Act. The said notice has been served and the Petitioners have filed affidavit of service. 5. The first Petitioner is the brother of Ms. Annie Dias and the second Petitioner is the sister-in-law. The medical report has been tendered by the Medical Superintendent, Government of Goa, Institute of Psychistry and Human Behaviour dated 1.4.2008 and he has certified that the said Annie Dias is suffering from psychiatric problem and she cannot look after herself. 6. Taking into consideration the medical report of Ms. Annie Dias and the averments made in the petition, in my view, the Petitioners have made out a case for appointing the Petitioners as guardians of the said Annie Dias and her property. 7. Guardianship Petition is, accordingly, allowed in terms of prayer clause (b) and is disposed of. (V.M. KANADE J.)