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2017 Supreme(Bom) 758

SADHANA S.JADHAV
Santosh Surendra Patil – Appellant
Versus
Surendra Narasgopnda Patil – Respondent


Advocates Appeared:
For the petitioner:Mr. Abhaykumar Apte, advocate
For the respondent:Mr. Tejpal S. Ingale, advocate
For the State : Ms. Veera Shinde, APP

JUDGMENT :

1. This is an unfortunate litigation between old aged parents and middle aged sons. The Petitioner herein impugned the order dated 20th February, 2016 passed by the Sub Divisional Officer, Pune in Criminal/SR/2/2015 confirming the order passed by the learned Additional Collector, Pune in Appeal No. 2 of 2016 under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007(for short “the said Act”) and Rules made thereunder.

2. The Petitioner herein happens to be the elder son of Respondent Nos. 1 and 2 and respondent No. 3 happens to be the younger brother of the Petitioner.

3. The Petitioner had challenged the impugned Order before the Vacation Court (Coram : P.D. Naik, J). It was submitted before the Vacation Court that the Appeal was rejected by the Additional Collector on 30th April, 2016 directing the Petitioner to vacate residential premises, constructed and owned by respondent Nos. 1 and 2. It was submitted that the reasoned order of the Appellate Authority was not available and therefore, the advocate representing the Petitioner had no idea as to whether any reasoned order is passed. He had drawn the attention of the Vacation Court to th













































































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