Petition challenging orders under the Senior Citizens Act withdrawn by respondents. Court quashed the interim and final orders as the respondents did not intend to press the maintenance claim.
Quashed orders dated 31st March 2021 and 13th November 2021; permission granted to withdraw application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
21-WP-7137-2023.docx
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7137 OF 2023
Mita Romit Rudani
… Petitioner
Vs.
Collector and District … Respondents
Magistrate of Palghar and Others
Mr. Sandeep Sheregar a/w. Mr. Mangesh Dongre, Mr. Abhishek Bhoir, Ms. Vrushali Nalawade and Mr. K. B. Nair for the Petitioner.
Mr. Amey Patil a/w. Mr. Punit Vyas i/b. Mr. Jash Vyas for Respondent Nos. 4 and 5.
Mr. A. P. Vanarase, AGP for the State.
Respondent No. 1 – Collector Palghar represented by Law Officer, Ms. Manisha Patil.
CORAM : GAURI GODSE, J.
DATE : 5th FEBRUARY 2024
P.C.
March 2021 and 13th November 2021 under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
order was an interim order. Order dated 13th November 2021 is the
Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2024.02.13 10:32:08 +0530
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21-WP-7137-2023.docx
final order deciding the application filed by the respondent nos. 4 and
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21-WP-7137-2023.docx
proceedings as permissible in law with respect to their rights as claimed in the property described in order dated 31st March 2021. Hence, petition is disposed of by passing the following order :
(i) Respondent nos. 4 and 5 are permitted to withdraw their Application No. Senior Citizen/Case No. 01 of 2021 filed before the Assistant Collector, Dahanu Division. Consequently the order dated 31st March 2021 and 13th November 2021 are quashed and set aside.
(ii) Respondent nos. 4 and 5 are at liberty to agitate their grievance by filing appropriate proceeding before the appropriate forum for agitating their rights with respect to the properties described in order dated 31st March 2021.
(iii) It is clarified that I have not examined the rival contentions
of the parties on merits. Hence all contentions of all parties are kept open.
(iv) Writ Petition is disposed of in the above terms.
[GAURI GODSE, J.]
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1 provisions across 1 enactments
Mita Romit Rudani
Collector and District Magistrate of Palghar
Others
Respondent No. 4
Respondent No. 5
GAURI GODSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court