Priyanka Mani Pereira And ANR. v. State Of Maharashtra And 2 ORS.

wpl684-18.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.684 OF 2018 Priyanka Mani Pereira And Anr.

...Petitioners

vs State of Maharashtra And 2 Ors.

...Respondents

.....

Mr. Farhaan Dubash, a/w. Mr. Ajay Basutkar and Mr. Aniket Ransubhe, i/b. Mr. Ajay Basutkar, for the Petitioners.

Mr. Kedar Dighe, AGP, for Respondent Nos. 1 and 2-State. Mr. J.M. D'Silava, for Respondent No.3.

.....

CORAM : S.C. GUPTE, J.

DATED : MARCH 8, 2018 P.C. :

.

After the matter is heard at some length, it is agreed between the parties that the writ petition can be disposed of in terms of the following order. It is accordingly ordered as follows:- (I) The impugned order of the Maintenance And Welfare of Parents and Senior Citizen Tribunal dated 5 February 2018 is quashed and set aside and is substituted by the following order:- (i) The flat at C-6 and C-7, Pink Rose Co-Op. Housing Society Ltd., MMC Road, Mahim (West), Mumbai 400 016, shall be bifurcated in the manner stated in a plan handed over to the Court and taken on Pg 1 of 2

wpl684-18.doc record, marked "X" for identification.

(ii) The shaded portion of the flat shall be occupied by the Petitioners, whereas the non-shaded portion shall be occupied by Respondent No.3.

(iii) To enable such bifurcation, a kitchen shall be constructed at an appropriate place within the shaded portion. Respondent No.3 has no objection to construction of the kitchen. In case any application is required to be made to the planning authority for the purposes of construction of such kitchen as well as the sound proof partition indicated in the plan, Respondent No.3 shall sign such application and co-operate with the Petitioners wherever necessary. The work of bifurcation shall be commenced after 31 March 2018 and shall be completed within a month from that date.

(iv) The Petitioners shall pay a sum of Rs.7000/- per month to Respondent No.3 with effect from 22 March 2017 towards maintenance of Respondent No.3. The Petitioners have handed over a cheque in the sum of Rs.84,000/- towards arrears of maintenance for the past twelve months to Respondent No3. Respondent No.3 admits and acknowledges having received the cheque.

2.

The petition is disposed of. No order as to costs. ( S.C. GUPTE, J. ) Pg 2 of 2