The Court dismissed the Writ Petition challenging an order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, granting liberty to file an appeal and maintaining status quo on property possession for ten days.
Petition dismissed; liberty granted to file appeal; status quo of property possession maintained for ten days.
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SEEMA GOGIA ..... Petitioner Through Mr.Murari Tiwari and Mr.Rahul Kumar, Advs.
versus
STATE (NCT OF DELHI) & ORS ..... Respondents Through Mr.Satinder Singh, Adv.for R-2 & 3. SI Sunil Chandra, PS Moti Nagar.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
CAV. 4/2020
As the learned counsel for the Caveators appears on advance notice, the Caveat stands discharged.
CM No.158/2020 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 41/2020 & CM No.157/2020 (Stay)
order is appealable under Clause (i) of Rule 22(3)(4) of the Rules and the petitioner has an alternate efficacious remedy in form of an appeal.
Dasti.
NAVIN CHAWLA, J
JANUARY 08, 2020/Arya
3 issues framed by the court
Whether W.P.(C) 41/2020 should be dismissed despite the petitioner's apprehension of eviction pending appeal.
Whether to grant liberty to the petitioner to file an appeal while maintaining status quo of property possession.
Whether to direct the Appellate Tribunal to consider the interim stay and appeal expeditiously.
Colour shows how this judgement treated each authority
Sudesh Chhikara vs. State (Govt. of NCT of Delhi) and Ors.Referred¶17
Sudesh Chhikara vs. State (Govt. of NCT of Delhi) and Ors., 2018 SCC OnLine Del 12365 · Who else cites this
2 provisions across 2 enactments
Seema Gogia
State (NCT of Delhi)
Navin Chawla
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
