Salim Sultan Ahmad Chaudhary, Thr. P.O.A., Sandip Subhash Mehta v. The Appellate Tribunal For Parents And Sr. Citizen, Nagpur, Represented By Collector And ORS.

2026:BHC-NAG:4629-DB 1 124-WP-2271-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2371 OF 2026 MR. SALIM SULTAN AHMAD CHAUDHARY THROUGH HIS POWER OF ATTORNEY SANDIP S/O SUBHASH MEHTA Vrs.

THE APPELLATE TRIBUNAL FOR PARENTS AND SENIOR CITIZEN, NAGPUR AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Sandeep Tiwari, Advocate for petitioner. Shri J. Y. Ghurde, A. G. P. for respondent No.1. CORAM: ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 23/03/2026 1.

Heard Shri Sandeep Tiwari, learned counsel for the petitioner.

2.

The petitioner - father who is more than 80 years old has approached this Court seeking direction to the respondent No.1 - Appellate Tribunal for Parents and Senior Citizens, Nagpur to hear and dispose of the Appeal No.9/2025 within stipulated period. The contention is that on 18/12/2023, the petitioner had filed an application bearing No.88/MRC-81/2023 for eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The aforesaid application was decided by the Sub-Divisional Magistrate vide order dated 18/03/2025. The aforesaid order dated 18/03/2025 passed under Section 5 of the aforesaid Act is at record Page No.31 (Annexure-P-3).

2 124-WP-2271-2026.odt 3.

The aforesaid order was immediately challenged by the respondent Nos.2 and 3 by filing appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the respondent No.1 - Appellate Tribunal. Therefore, the said appeal was filed on 23/04/2025 is at record Page No.35 (Annexure-P-4).

4.

Shri Sandeep Tiwari, learned counsel submits that it is almost one year now that the aforesaid appeal has not been decided and accordingly, the protection order which was passed by the learned Sub-Divisional Magistrate in favour of the petitioner has been frustrated. 5.

Considering the age of the petitioner who is more than 80 years old and the purpose of the Act for which the protection order was passed, we dispose of the present writ petition with a direction to the respondent No.1 to decide the aforesaid appeal at record Page No.35 (Annexure-P-4) filed by the respondent Nos.2 and 3 within stipulated period of six weeks from the date of production of order of this Court.

6.

The decision taken thereupon, shall be communicated to the petitioner within a period of two weeks from the date of order.

7.

Writ Petition is accordingly disposed of.

[JUDGE] [JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/03/2026 19:44:12