Pravin Yashwant Panchal v. Pramila Yashwant Panchal

LSP 1 502 ia 1335.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition (L) No. 4838 of 2026 Pravin Yashwant Panchal and anr.

...

Petitioners V/s.

The State of Maharashtra and others ...

Respondents.

With Interim Application No.1335 of 2026 In Writ Petition No.9448 of 2024 (CIVIL APPELLATE JURISDICTION) Pravin Yashwant Panchal ...

Applicant In the matter between Pramila Yashwant Panchal ...

Petitioner V/s.

The State of Maharashtra and others ...

Respondents.

Mr. Amrendra A. Sinha a/w. Mr. Pankaj Ghai for petitioners in WP(L) No.4838/26.

Mr. Tanmay T. Jadhav for petitioner in WP No.9448/24 and for Respondent No.4 in WP(L) No.4838/26.

Ms. Kavita N. Solunke, Addl. G.P, for respondents - State in IA 1335/26.

Ms. Rupali Shinde, AGP for the respondents - State in wp (l) No.4838/26.

CORAM : M.S. KARNIK & S.M. MODAK, JJ.

Digitally signed by LATA SUNIL PANJWANI Date:

2026.02.26 14:23:21 +0530 LATA SUNIL PANJWANI DATE : 23rd February 2026.

LSP 2 502 ia 1335.26.doc P.C. :

Heard learned counsel for the petitioners. There is an inadvertent error in the order dated 17th February 2026 passed by this Court. Para No.6 of the order be deleted. In place of Para-6 following paras be substituted.

2.

An affidavit has been filed by the Applicant - Pravin Yashwant Panchal i.e. respondent No.4 in the writ petition stating thus: "1. I state that this Affidavit is being filed in the Interim Application No. 1335/2026, to place on record my undertaking with respect to maintaining peace and contributing maintenance to my mother the original petitioner in WP No.9448/2024;

2. I state that my mother, Smt. Pramila Yashwant Panchal, is residing in the ground floor portion of the premises bearing address 606/15, Sector-6, Sneh Poonam CHSL, Kandivali (West), Mumbai - 400067. I am residing separately on the first-floor portion of the said premises along with my wife and two children.

3. I have always maintained peace and cordial relations in the past and shall continue to do so hereafter. I shall not in any manner disturb, obstruct, or interfere with the peaceful possession and residence of my mother in the ground floor portion of the premises, nor shall I create any nuisance, obstruction or adverse law-and-order

LSP 3 502 ia 1335.26.doc situation in or around the said premises.

4. In my family there are four members including me, my wife, one son and one daughter. I do not have any fixed or regular independent source of income. My wife is a physically disabled (80 percent blind) housewife. My daughter is pursuing her education. Both my wife and my daughter have no individual income. My son, is having education till 12th, and he is at present employed as an unskilled worker (i.e. Captain/Rider) with an online-delivery platform company. His monthly salary is Rs.16,399/- per month along with some variable components.

5. The original petitioner has four children, three sons (including myself) and one daughter. The property in question belonged to my deceased father and, upon his demise, devolved upon all his legal heirs in accordance with law. All the children shall share equal responsibility to take care of the original petitioner.

6. The total earning of my family of four members is approximately 18,000 to 25,000/- per month. Without prejudice to my rights and contentions in the pending Writ Petition and other proceedings, I promise to pay a sum of Rs.5,000/- (Rupees Five Thousand only) per month towards the maintenance of my mother.

7. The said amount shall be transferred directly to her

LSP 4 502 ia 1335.26.doc bank account on or before the 20th day of each calender month. I pray that the details of bank account of my mother whereof may kindly be furnished to me.

8. The present undertaking is furnished voluntary and shall not be construed as an admission of any allegations made against me, nor as a waiver or relinquishment of any legal, civil or succession rights claimed by me in the subject property which are pending adjudication before this Hon'ble Court.

9. I shall faithfully abide by any further directions that may be passed by this Hon'ble Court."

3.

The order dated 17th February 2026 stands corrected accordingly. The corrected order be uploaded. (S.M.MODAK,J.) (M.S.KARNIK, J.)