Jitendra Gorakh Megh vs the Presiding Officer Parents and Senior Citizens Maintenance Tribunal and Anr. — Bombay HC (2025) — LawSathi Research

Jitendra Gorakh Megh vs the Presiding Officer Parents and Senior Citizens Maintenance Tribunal and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the Petitioner to avail the alternate remedy of appeal before the Appellate Authority under Section 16 of the MWPSC Act, 2007; the Appellate Authority to consider the interim relief sought in the Writ Petition on its own merits; no order as to costs; Interim Application No. 5286 of 2025 disposed of as not surviving.

Issue for consideration

Whether the Writ Petition seeking stay of operation/execution of, and quashing of, the Senior Citizens Tribunal's order dated 26th August 2025 (Case No.SR/49/2024) can be entertained when an alternate appellate remedy exists under Section 16 of the MWPSC Act, 2007. +1 more

Court's answer

Since an alternate appellate remedy is available under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Writ Petition is required to be dismissed on that ground, with liberty to the Petitioner to avail the alternate remedy before the Appellate Authority under Section 16.

Ratio / Principle

This Court has not considered the Writ Petition on merits; in the event an appeal is filed, the Appellate Authority shall consider the interim relief sought in the Writ Petition on its own merits and in accordance with law.

Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Coram R.I. Chagla and Farhan P. Dubash, JJ. (order dated 22nd September 2025) in Writ Petition No. 3646 of 2025 (with Interim Application No. 5286 of 2025): Jitendra Gorakh Megh sought stay of the operation, execution and implementation of, and quashing of, the order dated 26th August 2025 passed by the Senior Citizens Tribunal under the MWPSC Act, 2007 in Case No.SR/49/2024, and restraint against disturbance of his possession of Bungalow No.30, Four Bungalow, Mhada, SVP Nagar, Andheri West, Mumbai. Holding: an alternate appellate remedy is available under Section 16 of the Act, maintainable even at the instance of children or relatives of Senior Citizens, as held by the Division Bench in Jagdish Pitamber Pawar (W.P. No.36 of 2023, order dated 29.11.2023) and followed by a learned Single Judge in Abhijit Gajanan Paranjpe (W.P. No.7099/2024, order dated 13.12.2024). The Writ Petition was accordingly dismissed on the ground of the alternate remedy, with liberty to appeal; the Court expressly did not consider the matter on merits and left consideration of interim relief to the Appellate Authority; no order as to costs; the Interim Application did not survive and was disposed of.

Jayashri Lande 10-WP-3646-2025.doc

Digitally IN THE HIGH COURT OF JUDICATURE AT BOMBAY signed by JYOTI JYOTIPRAKASH PRAKASHPAWAR ORDINARY ORIGINAL CIVIL JURISDICTION PAWAR Date: 2025.09.24 18:11:12 +0530

WRIT PETITION NO. 3646 OF 2025

Jitendra Gorakh Megh … Petitioner

V/s.

The Presiding Officer,

Parents and Senior Citizens Maintenance Tribunal and Sub Divisional Officer and Anr. … Respondents

WITH

INTERIM APPLICATION NO. 5286 OF 2025

IN

WRIT PETITION NO. 3646 OF 2025

Mr. Jitendra Megh, Applicant / Petitioner present.

Ms. Eesha Jaifalkar i/b Mr. S. R. Page for Respondents.

Mr. Gorakh Megh, Respondent No.2 present.

CORAM : R.I. CHAGLA AND

FARHAN P. DUBASH, JJ.

DATE : 22nd SEPTEMBER 2025

ORDER :

By this Writ Petition, the Petitioner has sought for stay on the

operation, execution and implementation of impugned Order dated 26th

August 2025 passed by the Senior Citizens Tribunal. Further, prayer is sought

restraining the Respondents including the authorities and / or police

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Jayashri Lande 10-WP-3646-2025.doc

department, from disturbing and/or interfering with the Petitioner’s peaceful possession of Bungalow No.30, Four Bungalow, Mhada, SVP Nagar, Andheri West, Mumbai – 400053, pending the disposal of this Petition. There appears to be one prayer which is final namely issue an order or directions quashing and setting aside the impugned order dated 26th August 2025 passed by the Senior Citizen Tribunal under the MWPSC Act, 2007 in Case No.SR/49/2024.

There is an alternate remedy of appeal available to the Petitioner. It has been held by the Division Bench of this Court vide Order dated 29th November 2023 in Jagdish Pitamber Pawar V/s. Pitamber Pundalik Pawar and Ors. - Writ Petition No.36 of 2023, that an Appeal under Section 16 of the Act would be maintainable even at the instance of any of the children or relatives of the Senior Citizens. The reference has been made to a bill for amending the provisions of the Act viz. Maintenance and Welfare of Parents and Senior Citizens Amendment Bill 2019, (Bill No.374 of 2019) which seeks to amend Section 16 to the effect that the right of appeal is made available even to the children or relatives. Section 14 of the Amendment Bill has provided for such amendment.

The decision of the Division Bench has been followed by Learned Single Judge of this Court in Abhijit Gajanan Paranjpe V/s. The Office of The Presiding Officer Parents and Senior Citizen Welfare Tribunal and Another in Writ Petition No.7099/2024 - Order dated 13th December 2024.

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Jayashri Lande 10-WP-3646-2025.doc

In view of there being an alternate appellate remedy available under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, this Writ Petition is required to be dismissed on this ground. The Petitioner is granted liberty to avail the alternate remedy before the Appellate Authority under Section 16 of the said Act.

It is for the Appellant Authority to consider the grant of interim relief in the event such appeal is filed by the Petitioner. It is made clear that this Court has not considered the Writ Petition on merits and the Appellate Authority shall in the event an appeal is filed consider the Interim relief as sought for in this Writ Petition on its own merits and in accordance with law.

The Writ Petition is accordingly disposed of.

There shall be no order as to costs.

In view of the Writ Petition is disposed of, Interim Application

filed therein does not survive and is accordingly disposed of.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )

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