Sangita Raju Pandit And Another v. Sahebrao Tateba Sahajrao

1021wp7250.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1021 WRIT PETITION NO. 7250 OF 2023 SANGITA RAJU PANDIT AND ANOTHER

VERSUS

SAHEBRAO TATEBA SAHAJRAO ...

Advocate for the Petitioners : Mr. Lavte Amar Vinayakrao Advocate for Respondent Nos. 1 & 2 : Mr. Gite Ravi Balasaheb ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 16.12.2025 PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

By way of present petition, the petitioner assails the order dated 03.04.2023 passed by the Sub Divisional Officer, Majalgaon, in file No. 2022/ROR/UVA/M/Kavi, whereby application filed by the respondent herein under Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act") came to be allowed.

3.

The division bench of this Court in the case of Jagdish Pitambar Pawar Vs. Pitambar Pundlik Pawar - 2023 SCC Online Bom. 3287 has held that a daughter can assail the order passed under Section 23 (1) of the Act by filing an appeal under Section 16 of the Act. 4.

In view thereof, the petitioners are at liberty to file appeal under Section 16 of the Act before the District Collector.

1021wp7250.23 5.

In view thereof, the Writ Petition is disposed of. 6.

The learned Counsel Mr. Lavte for the petitioners submits that this Court has granted interim relief vide its order dated 05.07.2023, therefore, in view of the disposal of the petition, the interim order granted by this Court to continue till the authorities decides the matter on its own merits.

7.

The petitioners are at liberty to prefer an appeal within a period of four weeks from today.

8.

Delay caused in prosecuting the present petition shall be considered by the authority while deciding an application for condonation of delay.

9.

If the petitioners files an appeal within aforesaid period, the authority shall decide the same within three months thereafter. (SIDDHESHWAR S. THOMBRE, J.) mahajansb/