Tufan Singh S/O Ghanshyam Singh Chauhan v. Ghanshyam Singh S/O Jihbal Singh And Others

caw2709.24.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO.2709 OF 2024 IN WRIT PETITION NO.2315 OF 2024 (Tufan Singh s/o Ghanshyam Singh Chauhan Vs. Ghanshyam Singh s/o Jhibal Singh and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mr. Neelam Biala, Advocate for Petitioner.

Mr. V. D. Muley, Advocate for Respondent No.1. Ms. M. A. Barbade, AGP for Respondent Nos.3 & 4/State. CORAM: N. R. BORKAR, J.

DATE: 15 th OCTOBER, 2024.

The respondent no.1 herein had filed an application before respondent no.4 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for various reliefs against the petitioner and respondent no.2. The respondent no.4 by order dated 21.04.2023 directed eviction of petitioner and respondent no.1 from the house owned by the respondent no.1. Respondent no.4 has further directed them to pay maintenance at the rate of Rs.2000/- to respondent no.1. 2.

The learned counsel for the petitioner submits that under the Act respondent no.4 is not empowered to order eviction and therefore, order to that extent be stayed. Admittedly, the house in question is owned by respondent

caw2709.24.O.odt no.1. In that view of the matter, at this stage, I am not inclined to stay the impugned order.

3.

The application is rejected.

WRIT PETITION NO.2315/2024:

List the petition for admission in due course. (N. R. BORKAR, J.) NSN Signed by: Mr. N.S. Nikhare Designation: PA To Honourable Judge Date: 17/10/2024 18:53:54