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2024 Supreme(Bom) 582

SANDEEP V. MARNE
Nitin Rajendra Gupta – Appellant
Versus
Deputy Collector , Mumbai – Respondent


Advocates appeared:
Mr. G. S. Godbole, Senior Advocate with Mr. Manuj Borkar i/b Mr. Prasad D. Borkar, for the Petitioner; Mr. Ameet Mehta a/w. Ms. Sheetal Pandya and Ms. Pratiksha Udeshi i/ b Solicis Lex, for the Respondent No.2 and Applicant in Interim Application (L) No. 30919 of 2023., Mr. Avirat Sonawane, for Applicant in Interim Application (L) No. 6495 of 2023., Ms. Uma Palsuledesai, AGP for State, Respondent No. 1 and 3.

JUDGMENT

Sandeep V. Marne, J. - Rule. Rule is made returnable forthwith. With the consent of the parties, petition is taken up for final hearing and disposal.

2. Petition takes an exception to the Order dated 31 October 2022 passed by the Maintenance Tribunal constituted under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act) by which the Tribunal has partly allowed the application filed by Respondent No.2-Father and has declared Gift Deeds executed on 21 June 2019 and 25 September 2020 as null and void with further directions to Petitioner to vacate and handover the possession of Flat Nos.2005 and 2006 at Riviera Towers CHS and Flat No.708 in Autumn Grove CHS to Respondent No.2-Father. The petition thus arises out of challenge to the Order passed by the Maintenance Tribunal under the provisions of Sections 23(1) of the Senior Citizens Act, by which Gift Deeds executed by Respondent No. 2-Father in favour of his son (Petitioner) are set aside.

3. Briefly stated, facts of the case are that Respondent No.2- Rajendra K. Gupta filed application before the Maintenance Tribunal in February 2022 for return of various properties gifted by

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