Murlidhar Pralhad Wattamwar v. The State Of Maharashtra Through Its Principal Secretary And Others

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12157 OF 2025 Percy F. Patel and anr.

...Petitioners

Versus

Appellate Authority and ors.

...Respondents

WITH INTERIM APPLICATION NO. 11848 OF 2025 SANTOSH SUBHASH KULKARNI Mr. Vaibhav Ghogare, a/w Manish Singh, Suraj Ghogare and Sarvesh Gawade, for the Petitioners.

Mrs. M. S. Srivastava, AGP for the State.

Mr. Adnan Mookhtiar, a/w Mohsin A., for Respondent No.3. SANTOSH SUBHASH KULKARNI Date: 2025.09.23 17:54:12 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

22nd SEPTEMBER, 2025 Oral Order:- 1.

Heard the learned Counsel for the parties.

2.

The challenge in this petition is to an order dated 5th August, 2025 passed by the Appellate Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

3.

Mr. Ghogare, the learned Counsel for the petitioner, submits that, the order passed by the Maintenance Tribunal on 3rd October, 2024 and affirmed by the Appellate Authority was implemented on 13th September, 2025. The learned 1/3

Counsel submits that, the belongings of the petitioner are still lying in the subject premises.

4.

Having heard the learned Counsel for the parties and in view of the subsequent developments, there is no propriety in entertaining the petition, at this stage.

5.

The learned Counsel for petitioners submits that, the petitioners be permitted to take back their belongings from the subject premises.

6.

The learned Counsel for respondent No.3 - senior citizen submits that respondent No.3 - senior citizen is not averse to the petitioners taking back their belongings from the subject premises.

7.

The petitioners are permitted to collect their belongings from the subject premises on 26th September, 2025 between 10 am to 12 noon.

8.

Respondent No.3 - senior citizen shall render the necessary cooperation to the petitioners in collecting their belongings from the subject premises.

9.

The Senior PI, Kalachowki Police Station, is requested to depute a team of police officers/constables, of appropriate strength, to be present at the subject premises when the 2/3

petitioners will collect their belongings from the subject premises. An inventory of the articles taken by the petitioners from the suit premises be prepared.

10.

Subject to the aforesaid directions, the petition stands disposed.

11.

In view of disposal of the petition, IA/11848/2025 also stands disposed.

[N. J. JAMADAR, J.] 3/3