Anil Hanumant Thigale v. State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2556 OF 2021 Anil Hanumant Thigale ... Petitioner.
Vs.
State of Maharashtra & Ors.
.... Respondents.
....
Mr.Rahul S. Kadam for the petitioner.
Smt. S.S.Bhende, AGP for State.
Mr.Akhilesh Dubey for respondent No.4 a/w Amit Dubey, Varad Dubey. ...
CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.
DATE : 13th JULY, 2021.
[Through Video Conferencing] P.C.
1.
Heard learned Counsel for parties.
2.
By this petition under Article 226 of the Constitution of India, the Petitioner is seeking stay of the order dated 18th March 2021 passed by Respondent No.3 during the pendency of substantive appeal filed by the Petitioner before Respondent No.2-Appellate Authority. 3.
On last occasion, this Court had directed the learned AGP to take instructions from the concerned as to within how much time the Appellate Authority is expected to decide the appeal. The appeal was
filed by the petitioner before Appellate Tribunal on 15th June 2021. 4.
Today the learned AGP for respondent submits that the Appellate Authority will decide the appeal filed by the petitioner within 3 months from today. Statement is accepted.
5.
Learned Counsel for the petitioner submits that pending the hearing and final disposal of the said appeal, this Court be pleased to stay operation and implementation of order dated 18th March 2021 passed by Sub-Divisional Officer under Maintenance & Welfare Of Parents and Senior Citizens Act,2007. He submits that if stay is not granted, irreparable loss will be caused to the petitioner and the appeal will become infructuous.
6.
On the other hand, learned Counsel for the original Complainant submits that order dated 18th March 2021 passed by the Sub-Divisional Officer is already executed. In support of his contention, learned Counsel for original Complainant relies on Panchnama/ statement dated 1st July 2021 (Exhibit H, page no.73).
7.
We heard both the sides. Considering the statement made by learned AGP that the Appellate Authority will decide the appeal within 3 months, following order is passed.
A) The Appellate Authority to decide Petitioner's appeal dated 15th June 2021 under Section 16(1) of the Maintenance & Welfare Of Parents and Senior Citizens Act,2007 as early as possible but, in any case on or before 28th October 2021 after hearing both the parties.
B) Liberty is granted to the petitioner to move before Appellate Authority for stay of order dated 18th March 2021 passed by the SubDivisional Officer in Complaint No.39 of 2020 and if such application is filed, same be decided on merits after hearing both the sides. C) With these directions, the writ petition stands disposed of. D) No order as to costs.
E) All contentions of both parties are kept open. [PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]