Gopal S/o Late Yellaiah vs Deputy Commissioner, Mysuru

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Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 366

KRISHNA S.DIXIT
Gopal S/o Late Yellaiah – Appellant
Versus
Deputy Commissioner, Mysuru – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: K.R. Lingaraju.
For the Respondents: Rashmi Patel, K.S. Karthik Kiran, Kapil Dixit.

Headnote: Read headnote

ORDER :

1. Petitioners being the sons of 3rd Respondent-mother aged & ailing lady are knocking at the doors of Writ Court for assailing the order dated 25.05.2022 passed by the 1st Respondent-Deputy Commissioner and the order dated 22.05.2019 passed by the 2nd Respondent-Assistant Commissioner respectively at Annexure-A & B. The Assistant Commissioner has directed the Petitioners to pay to their mother a monthly sum of Rs.5,000/-each. However, the Deputy Commissioner has enhanced it to Rs.10,000/-.

2. Learned counsel for the Petitioners vehemently argues that: Petitioners being the appellants could not have been made worse off in their own appeal; they do not have sufficient means to pay the amount and they are ready & willing to look after their mother and therefore, she should be asked to join their home, leaving the place of her daughters; the mother has claimed maintenance only at the instigation of her daughters and thus the claim lacks bona fide. Learned counsel hastily adds that, all these aspects despite urgement having not been adve

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