Aasma W/O Late Shri Shamsher Cheeta Vs Babu Cheeta S/O Shri Bahadur Cheeta

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[2025:RJ-JP:35390]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2766/2023

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Aasma W/o Late Shri Shamsher Cheeta, R/o Land/house No. 18, Hanuman Colony, Beawar, District Ajmer.

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Nisar S/o Late Shri Shamsher Cheeta, R/o Land/house No. 18, Hanuman Colony, Beawar, District Ajmer.

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----Petitioners

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Versus

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Babu Cheeta S/o Shri Bahadur Cheeta, R/o Land/house No. 18, Hanuman Colony, Beawar, District Ajmer.

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Sakina W/o Shri Babu Cheeta, R/o Land/house No. 18, Hanuman Colony, Beawar, District Ajmer.

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----Respondents

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For Petitioner(s)	: Mr. Jai Prakash Gupta
For Respondent(s)	: Mr. Krishan Gopal Khatri
	Mr. R.K. Tongawal

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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Proceedings held in camera 03/09/2025

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By way of the present writ petition, the petitioners have assailed the order dated 12.09.2022 passed by the Maintenance Tribunal in exercise of powers under Sections 21, 22 and 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as also the order dated 21.12.2022 passed by the District Magistrate/Appellate Authority, whereby the appeal preferred by the non-petitioner/applicant against the order dated 12.09.2022 came to be allowed.

[2025:RJ-JP:35390]

[CW-2766/2023]

(2 of 3)

The impugned order dated 12.09.2022 directed that the petitioners shall be permitted to reside in the subject residential premises for a period of six months from the date of the said order, and upon expiry of the said period, they shall hand over vacant possession thereof to the appellant. It is an admitted position that the order dated 12.09.2022 was never challenged by the petitioners before any competent forum. On the contrary, in the prayer clause of the present petition, the petitioners themselves have sought restoration of the order dated 12.09.2022.

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For the sake of convenience, the reliefs sought by the petitioners are reproduced hereinbelow:

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“a. Issue an appropriate writ, order or direction in the nature thereof thereby the order dated 21-12-2022 passed by Appellate Maintenance Tribunal, Ajmer in appeal no.53/2022 titled as Babu Cheeta and another Vs Aasma and another. Consequently the order dated 12-09-2022 passed by Maintenance Tribunal Beawar in case no.11/2022 may kindly be ordered to be restored.

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b. Any other order or direction which the Hon’ble Court deems fit and proper in the facts and circumstances, may kindly be passed in favour of the petitioner.

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c. Cost of the writ petition be also awarded in favour of the petitioner.”

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During the course of proceedings, efforts at mediation were undertaken. However, such efforts failed, and rather the relationship between the parties deteriorated to such an extent that they are unable even to face each other. It is not in dispute that petitioner No.1 is the widow of the respondents’ son, who unfortunately expired in the year 2021 during the COVID-19

[2025:RJ-JP:35390]

[CW-2766/2023]

(3 of 3)

pandemic, and petitioner No.2 is their major son. It also emerges from the record that an alternate accommodation is available to the petitioners.

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In view of the fact that the relief sought is confined to restoration of the order dated 12.09.2022, the operative period of which has already expired, this Court is of the considered opinion that nothing survives for adjudication in the present writ petition.

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Accordingly, the writ petition fails and is hereby dismissed. However, in the interest of justice, the petitioners are granted a period of 30 days to vacate the subject premises. The concerned Station House Officer shall ensure that possession of the property is handed over to the respondents within the aforesaid period of 30 days.

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Pending applications, if any, shall stand disposed of.

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(SAMEER JAIN),J

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DEEPAK/119

Aasma W/O Late Shri Shamsher Cheeta v. Babu Cheeta S/O Shri Bahadur Cheeta

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Aasma W/O Late Shri Shamsher Cheeta v. Babu Cheeta S/O Shri Bahadur Cheeta

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