✦ Bombay High Court · 11 Dec 2024

Ajay Kamlashankar Pandey & Anr. v. Presiding Officer, Senior Citizens Welfare Tribunal, Mumbai Western Suburban & Ors.

Writ Petition No. 6836 of 2024

Case at a glance

Order date
11 Dec 2024

Outcome

Disposed of

The petition is disposed of as

Key paragraphs

  • Para 11. Learned counsel for Respondent raises preliminary objection on the availability of alternate remedy. Learned counsel for the petitioner, on instructions, seeks permission to withdraw the petition and avail the appropriate remedy under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens…

Judgment

Mr. Anand Jadhav for the Petitioner. Mr. Kunal Bhanage i/b Mr. Akshay Pawar for Respondent Nos.2 to 4. Mr. Hamid D. Mulla, AGP for Respondent-State. —————— Coram : Sharmila U. Deshmukh, J. Date : December 11, 2024. P. C. :

Operative part

1.

Learned counsel for Respondent raises preliminary objection on the availability of alternate remedy. Learned counsel for the petitioner, on instructions, seeks permission to withdraw the petition and avail the appropriate remedy under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petition is disposed of as withdrawn.

2.

By order dated 19th August, 2024, this Court had directed the execution proceedings to proceed further except for the order of possession. The said order to continue for a period of two weeks. Thereafter, it is open for the Appellate Authority to consider the relief. It is made clear that the order of 19th August, 2024 was by way of ad- Sairaj 1 of 2 32 Wp-6836-2024.doc interim relief till the replies are filed and there is no adjudication on the merits. The Appellate Authority is therefore, requested to consider the interim relief if sought on its own merits and in accordance with law. All the rights and contentions of the parties are expressly kept open. [Sharmila U. Deshmukh, J.] Sairaj 2 of 2

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The petition is disposed of as

Which statutory provisions did this judgment involve?

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s. 16.

Which court decided this case, and when?

Bombay High Court, on 11 Dec 2024.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 6836 of 2024). ← Search more judgments