Mausam Shafiq Sayyad v. Dastageer Imam Sayyad And ANR

50-WP-3020-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3020 OF 2024 Mausam Shafiq Sayyad .... Petitioner V/s.

Dastageer Imam Sayyad & Anr.

.... Respondents ---- Mr.Padmanabh D. Pise i/b Padmanabh & Associates, for the Petitioner.

Mr.Wasim Samlewale, for the Respondents.

by NILAM SANTOSH KAMBLE Date: 2024.08.23 10:10:37 +0530 NILAM SANTOSH KAMBLE ---- CORAM : R.M. JOSHI, J.

DATE : 22nd AUGUST 2024 P.C:- .

This Petition was heard for sometime.

2.

In view of the judgment of the Division Bench of this Court in Writ Petition No.36 of 2023 in case of Jagdish Pitamber Pawar V/s. Pitamber Pundalik Pawar, the Petitioner is within his right to prefer Appeal right under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and such Appeal would be maintainable. The learned counsel for the Petitioner, on instructions, seeks withdrawal of the Petition with liberty to file Appeal against the order impugned. N.S. Kamble page 1 of 2

50-WP-3020-2024.doc He undertakes to file Appeal within a period two weeks. To enable the Petitioner to move the Appellate Authority and to seek appropriate relief, interim relief granted by this Court by order dated 6th March 2024 to remain in force for the period of four weeks from today.

3.

The Petition is disposed of as withdrawn.

4.

All pending Civil and Interim Applications are disposed of.

(R.M. JOSHI, J.) N.S. Kamble page 2 of 2