Smt. Kalpana Vikas Zhore v. Smt. Sonabai Pandurang Zhore And ORS

1 35.6568.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6568 OF 2019 Smt. Kalpana Vikas Zhore .....Petitioner V/s.

Smt. Sonabai Pandurang Zhore and others .....Respondents Mr. Vaibhav R. Gaikwad for the Petitioner Mr. Prashant Kamble for respondent no. 1 Mr. Yogiraj Purwant for respondent nos. 2 & 3 CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 17, 2019.

P.C.

Heard respective counsel. By consent, petition is taken can be disposed of finally at this stage.

The only modification to the order impugned passed by the Deputy Collector on 20/02/2019 in exercise of powers under Section 4 Sub-Section 2 (3) of the Maintenance and the Welfare of the Parents and Senior Citizen Act, 2007 as can be ordered is,

2 35.6568.19 wp.doc directions issued to the petitioner to vacate room no. 208, building no. 3, Prabhadevi, C.H. Soc. Ltd. S.R.A. Rajabhau Anant Desai Marg, Century Bazar, Behind Ahuja Tower, Mumbai 400025 within 30 days and give possession to senior citizen, is hereby quashed and set aside as the same is contrary to order passed by the Additional Chief Metropolitan Magistrate on 15/01/2018 in exercise of powers under Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act.

When there is conflict in between an order by the Judicial Authority and Quasi Judicial, the law is well settled that the orders of Judicial Authority will prevail over orders of Statutory Authority. Petition stands disposed of in above terms.

[NITIN W. SAMBRE, J.]