Savita Ananda Hulwale v. Vithalbai Baburao Hulwale And Others

2025:BHC-AUG:10518

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6561 OF 2024 Savita Ananda Hulwale

VERSUS

Vithalbai Baburao Hulwale And Others Mr. N. K. Chaudhari, Advocate for Petitioner Mr. S. S. Dixit, Advocate for Respondent No. 1 Mr. S. B. Jadhav, AGP for Respondent Nos. 5 and 6

CORAM

: R. M. JOSHI, J.

DATE : 07th April, 2025 PER COURT :- 1.

This petition is filed taking exception to the order passed by Appellate Authority under Section 16 of "The Maintenance and Welfare of Parents and Senior Citizens Act, 2007"refusing to entertain the appeal since the same has not been filed by the Senior Citizen. In view of judgment of Division Bench of this Court in case of Jagdish Pitamber Pawar vs. Pitamber Pundalik Pawar and others, Writ Petition No. 36/2023 dated 29.11.2023, position of law is settled.

2.

In view of the above, impugned order cannot sustain. Hence, set aside. Collector to register the appeal and decide the same on merit expeditiously in any case within a period of 3 months from today. Parties are 49-WP-6561-2024.odt

are directed to appear before the Collector on 15 April, 2025. 3.

Interim relief to continue for a period of a week from the appearance of parties before the Collector.

4.

It is open for the petitioner herein to move any appropriate application before the Appellate Authority for stay of the impugned order. (R. M. JOSHI, J.) bsj 49-WP-6561-2024.odt