High Court for State of TelanganaCRP/2885/2019disposed of no costs

Sri.N.Janardhan Rao v. Sri.N.Satyanarayana

2020-02-14A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITON No. 2885 of 2019 ORDER:

The Civil Revision Petition is filed challenging the order dated nil/10/2019, passed by the Tribunal-cum-Revenue Divisional Officer, Malkajgiri Division (for short 'the Tribunal), Medchal District, in Proceedings No.L/148/2019 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, wherein and whereby the Tribunal allowed the claim of the respondent herein and granted certain reliefs including the cancellation of gift deed executed by the respondent in favour of petitioner's son.

Learned Counsel for the petitioner submits that though gift is executed in favour of petitioner's son, petitioner's son is not a party to the impugned proceedings; and that he also submits that the respondent has voluntarily given some gifts at the time of marriage of petitioner's daughter, but without recording any evidence and without giving proper opportunity of hearing to the petitioner, the impugned order is passed.

Learned Counsel for the respondent submits that the nature of enquiry by the Tribunal being a summary one, it is not expected to conduct proceedings like a trial suit, however, he could not dispute the fact that the gift deed is executed by the respondent in favour of petitioner's son.

A perusal of the impugned proceedings goes to show that the Tribunal has not properly considered the pleas raised by the petitioner. In view of the same, the impugned order is set aside and the Tribunal is directed to re-consider the issue and pass orders within a period of four weeks from the date of receipt of a copy of this order after giving opportunity to both the parties. Accordingly, the Civil Revision Petition is disposed of. No order as to costs.

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. __________________________ A.RAJASHEKER REDDY, J 14.02.2020 tk

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No. 2885 of 2019 14.02.2020 tk