Shri Ranjeet S/O Shri Arvindbabu Deshmukh v. Dr. Amol S/O Ranjeet Deshmukh And Others

1 wp1764.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1764 OF 2019 (RANJEET ARVINDBHAU DESHMUKH....VS.. DR. AMOL RANJEET DESHMUKH & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Masood Shareef, Advocate for Petitioner. CORAM : Z.A.HAQ, J.

DATED : MARCH 07, 2019.

The learned Advocate for the petitioner states that the impugned order is appeallable under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and seeks permission to withdraw the petition with liberty to file appeal. It is submitted that as the petition was filed within 21 days of passing of the impugned order, the Appellate Authority be directed to consider the issue of limitation sympathetically and entertain and decide the appeal on merits.

Considering the fact that the petitioner had immediately approached this Court by this petition within the period of limitation prescribed for filing the appeal. If the appeal is filed within one month, the appellate Authority shall sympathetically consider the prayer of the appellant therein for condonation of delay.

The petition is disposed with liberty to the petitioner to avail alternate remedy. No costs. JUDGE RRaut..