Harshan Kour v. Sucha Singh And ANR

Shubhada S Kadam 26-wp-11896-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11896 OF 2024 Harshan Kour ... Petitioner versus Sucha Singh and anr.

.... Respondents Mr. Ganesh Misal along with Mr. Rohit Chavan, Advocate for the Petitioner.

Mr. Dileep Satale along with Mr. Anwar Landge, Advocate for Respondent No.1.

Mr. Hamid Mulla, AGP for Respondent No.2-State. CORAM : R. M. JOSHI, J.

DATE : 21st AUGUST, 2024.

P.C. :

1.

This petition takes exception to the order passed by the Appellate Tribunal under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act 2007 on the ground that the appeal filed against the order passed by the Sub-Divisional Officer dated 19th June 2023 is beyond limitation. It is the contention of the petitioner that though specific objection was raised with regard to the maintainability of the appeal on this ground, the said objection has not been considered by the Appellate Authority.

2.

Learned counsel for the respondent records consent for setting-aside the order dated 24th April 2024 passed by the Appellate Authority with liberty to the contesting respondents to file application for condonation of delay.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.08.21 18:25:59 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 26-wp-11896-2024.doc 3.

By consent of both sides, the order impugned stands settingaside. 4.

It is open for the contesting respondents to file application for condonation of delay.

5.

The said application be decided in accordance with law. 6.

The entire appeal be decided within a period of one month from today.

7.

In view of above, the petition stands disposed of. (R. M. JOSHI, J.) 2/2