Rahul Gajanan Yelapure v. Gajanan Bapuso Yelapure And ORS

8-wp4066-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4066 OF 2024 Digitally signed by ATUL GANESH KULKARNI Date:

2024.03.26 15:56:38 +0530 ATUL GANESH KULKARNI Rahul Gajanan Yelapure ... Petitioner V/s.

Gajanan Bapuso Yelapure & Ors.

... Respondents Mr. Santaram Tarale i/by Ms. Geetanjali Shinde for the petitioner.

Mrs. M.S. Srivastava, AGP for the respondent/State. CORAM :AMIT BORKAR, J.

DATED :MARCH 26, 2024 P.C.:

1.

Only grievance raised on behalf of the petitioner is that without there being prayer for delivery of possession, the Appellate Authority under the provisions of the Senior Citizens Act has observed that the respondents are entitled to possession of the house property. On perusal of the order, it appears that operative part of the order dated 19 May 2022 does not require petitioner to deliver possession.

2.

Mere observations in the order are not executable. Hence, there is no need to entertain the writ petition. 3.

It is, therefore, clarified that the petitioner shall be bound by the operative part of the order dated 19 May 2021.

8-wp4066-2024.doc 4.

The writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)