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Bombay High CourtWP/1882/2025allowed to be withdrawn

Mangesh Rajan Thorve And ANR v. Rajan Rambhau Thorve And ORS

2025-04-08Hon'Ble Shri Justice Amit Borkar2 pages

40-WP-1882-2025.doc Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1882 OF 2025 Mangesh Rajan Thorve and Anr.

... Petitioners V/s.

Rajan Rambhau Thorve and Ors.

... Respondents Mr. R. R. Salvi i/b Ms. Suvarna Telgote for the Petitioner. Mr. Pralhad Paranjape a/w. Tistha Pawar i/b Shubham More for Respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 8, 2025 P.C.:

1.

In view of the judgment of this Court in the case of Jagdish Pitambar Pawar vs. Pitambar Pundlik Pawar (Writ Petition No. 36 of 2023) decided by the Aurangabad Bench, wherein it has been held that in proceedings instituted under the pecuniary provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the opponents are vested with a right of appeal before the Appellate Authority, the learned Advocate appearing for the petitioner, upon instructions, seeks leave to withdraw the present petition with liberty to avail of the statutory remedy of appeal as is available in law. In view thereof, the petition stands disposed of as withdrawn, granting liberty to the petitioner to file an appeal before the competent Appellate Authority in accordance with law. 2.

It is clarified that all contentions and questions raised by the petitioner in the present petition are expressly kept open, to be

40-WP-1882-2025.doc agitated by the petitioner before the Appellate Authority in such proceedings as may be initiated by him.

(AMIT BORKAR, J.)