High Court dismissed a writ petition challenging an appellate order under the Senior Citizens Act. The Court held that operative part of the order did not mandate delivery of possession and mere observations were not executable.
No costs. Petitioner bound by operative part of the order dated 19 May 2021. Writ petition dismissed.
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8-wp4066-2024.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4066 OF 2024
Digitally signed byATUL ATULGANESH GANESHKULKARNI KULKARNI Date: 2024.03.26 15:56:38 +0530
Rahul Gajanan Yelapure… Petitioner
V/s.
Gajanan Bapuso Yelapure & Ors.… Respondents
Mr. Santaram Tarale i/by Ms. Geetanjali Shinde for the
petitioner.
Mrs. M.S. Srivastava, AGP for the respondent/State.
CORAM :AMIT BORKAR, J.
DATED:MARCH 26, 2024
P.C.:
1.Only grievance raised on behalf of the petitioner is that
without there being prayer for delivery of possession, the Appellate
Authority under the provisions of the Senior Citizens Act has
observed that the respondents are entitled to possession of the
house property. On perusal of the order, it appears that operative
part of the order dated 19 May 2022 does not require petitioner to
deliver possession.
2.Mere observations in the order are not executable. Hence,
there is no need to entertain the writ petition.
3.It is, therefore, clarified that the petitioner shall be bound by
the operative part of the order dated 19 May 2021.
1
8-wp4066-2024.doc
4. The writ petition stands disposed of in above terms. No costs.
(AMIT BORKAR, J.)
2
2 issues framed by the court
Whether the High Court should entertain a writ petition challenging an appellate order that contains only non-operative observations regarding possession.
Whether mere observations in an order without a prayer for delivery of possession are executable.
Rahul Gajanan Yelapure
Gajanan Bapuso Yelapure & Ors.
AMIT BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court