Santosh Dattatray Chavan v. The State Of Maharashtra And ORS

8-WP-12454-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12454 OF 2024 Santosh Dattatray Chavan .... Petitioner V/s.

The State of Maharashtra & Ors.

.... Respondents ---- Mr.Abhijit Kulkarni a/w Mr.Chinmay Patil, for the Petitioner. Mr.P.B. Chavan, AGP, for Respondent-State.

Mr.Afsar Ansari i/b Mr.Yogesh Davli, for Respondent No.2. by NILAM SANTOSH KAMBLE Date: 2024.09.12 17:34:06 +0530 NILAM SANTOSH KAMBLE ---- CORAM : R.M. JOSHI, J.

DATE : 12th SEPTEMBER 2024 P.C:- .

The learned counsel for the Petitioner submits that, the Petitioner had filed Appeal against order passed by the Competent Authority under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 dated 1st April 2024 before the Appellate Authority. However, the Appellate Authority by intimation dated 11th June 2024 has informed about the disposal of the Appeal in view of Section 16 of the Act. Appellate Authority has failed to take into consideration the judgment of the Division Bench of this Court N.S. Kamble page 1 of 2

8-WP-12454-2024.doc Jagdish Pitamber Pawar V/s. Pitamber Pundalik Pawar 1. 2.

In view of this judgment, Appeal filed by the Petitioner can be maintained before the Appellate Authority. As such the Petition stands disposed of with liberty to the Petitioner to pursue the Appeal in accordance with law.

(R.M. JOSHI, J.) Writ Petition No.36 of 2023 decided on 29/11/2023 N.S. Kamble page 2 of 2