Shantilal Govindlal Khatri v. Prashant Shantilal Khatri And ORS

903-WP10530-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10530 OF 2023 Prashant Shantilal Khatri & Anr.

...Petitioners

Versus

Shantilal Govindlal Khatri

...Respondent

WITH WRIT PETITION NO. 3388 OF 2025 Shantilal Govindlal Khatri

...Petitioner

Versus

Prashant Shantilal Khatri And Ors.

...Respondents

Mr. Abhijeet Kandarkar, for the Petitioner in WP/10530/ 2023.

Mr. Rajesh More, for the Petitioner in WP/3388/2025.

CORAM:

N. J. JAMADAR, J.

DATED:

24th JULY, 2025 SANTOSH SUBHASH KULKARNI PC:- 1.

Heard the learned Counsel for the parties.

SANTOSH SUBHASH KULKARNI Date: 2025.07.28 12:11:12 +0530 2.

These petitions assail an order passed by the Tribunal under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. WP/10530/2023 is filed by the son, daughter-in-law and grandson of the petitioner in WP/3388/2025, who is a senior citizen. 3.

In view of the pronouncement of the Division Bench of this Court in the case of Jagdish Pitambar Pawar vs. Pitambar Pundalik Pawar and others in WP/36/2023 dated 1/2

903-WP10530-2023.DOC 29th November, 2023, the petitioners in both the petitions have the remedy of preferring an appeal before the Appellate Authority under the said Act.

4.

The learned Counsel for the petitioners seeks leave to withdraw the petitions with liberty to approach the Appellate Authority.

Leave granted with liberty as prayed for.

5.

The time spent by the petitioners in prosecuting these petitions shall be accounted for under Section 14 of the Limitation Act, in the event the question of limitation arises for the filing of the appeals.

6.

The petitioners shall file the appeals before the Appellate Authority within the period of two weeks from today.

7.

In the event the appeals are filed within the period of two weeks, the Appellate Authority is requested to make an endeavour to hear and decide the appeals within a period of three months thereafter.

8.

Ad-interim relief, granted in WP/10530/2023 shall continue to operate for a period of four weeks from today. 9.

Petitions stand disposed.

[N. J. JAMADAR, J.] 2/2