Neutral Citation No. - 2025:AHC:83830 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 608 of 2024 Petitioner :- Smt Kiran Shukla Respondent :- Suman Devi And Another Counsel for Petitioner :- Santosh Kumar Jaiswal Counsel for Respondent :- Jaishankar Prasad Tyagi Hon'ble Rohit Ranjan Agarwal,J. List revised. Counsel for petitioner is present. No one is present on behalf of respondents. This writ petition has been filed assailing the order dated 10.10.2023 passed by First Additional District Judge, Ghazipur in Misc. Case No. 18 of 2010. The plaintiff-petitioner had instituted a Civil Suit No. 18 of 2010 before District Judge, Ghazipur under Section 50/52 of Mental Health Act, 1987. In the said fact, an application was moved for appointing guardian of defendant-respondent no. 1, Smt. Suman Devi, who is the mother-in-law of plaintiff and mother of defendant-respondent no. 2. The said application has been rejected by court below. Hence, this writ petition. It is contended by learned counsel for petitioner that defendant- respondent no. 1 is suffering from mental ailment and she is selling on the property which is recorded in her name under the influence of the people residing in the village. Her mental health is deteriorating and not in a condition to execute the sale-deed. The said application was moved for appointing guardian which has been rejected by court below. I have heard learned counsel for petitioner and perused the material on record. The court below had framed the following issues while passing the impugned order:- "1. कयय ववपकक ससखयय-1 ससमन ददवक ववधवय सव० रयमरदखय पसयद शसकलय, वयद- पत मम वदयद गयद आधयरर पर खबतसल हवयस (Unsound Mind) घघवषत वकयद जयनद यघगय हह? 2. कयय ववपकक ससखयय-2 अरववनद शसकलय, ववपकक ससखयय-1 ससमन ददवक कद जयत एवस जययदयद जजसकय वववरण वयद- पत कद अनत मम वदयय गयय हह, कय ससरकक / पबनधक वनयसक वकयद जयनद यघगय हह तथय उसद पबनधन कय समपपणर दयवयतव एवस अजधकयर ससपद जयनद यघगय हह? 3. कयय वयवदनक कघ वयद- पत पसतसत करनद कय अजधकयर नहह हह? 4. कयय वयवदनक कय ममजपदय वयद आददश-7 वनयम-11 जय०दक० कद पयववधयन सद बयजधत हह? 5. कयय वयद- पत अणडर वहलयपड कर नययय शसलक कम अदय वकयय गयय हह और खयररज हघनद यघगय हह? 6. कयय वयवदनक वकसक अनय अनसतघष कघ पयनद कक हकदयर हह?" Issue no. 1 was framed as to whether the defendant no. 1 is to be declared person of unsound mind or not. The court below after considering the material on record has decided the issue no. 1 and 2 against the plaintiff-petitioner. Having perused the material on record, I find that no case for interference is made out as the petitioner who is plaintiff in the suit has arrayed her mother-in-law as defendant no. 1 and her husband as defendant no. 2. In the garb of this collusive suit between the husband and wife, they have tried to grab the property of defendant no. 1, Smt. Suman Devi by moving an application for appointment of guardian and declaring her person of unsound mind. No case for interference is made out. Writ petition is misconceived and stands dismissed. Registrar (Compliance) to communicate this order to trial court, within 48 hours. Order Date :- 19.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad