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2023 Supreme(Del) 3042

SUBRAMONIUM PRASAD
Ashish Randev – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates appeared:
Mr. Arun Francis and Ms. Veronica Francis, Advocates, for the Petitioner.
Mr. Sameer Vashisht, ASC, for R-1 to R-4/GNCTD.
Mr. Rajiv Khosla and Mr. Sunil Singh, Advocates, for R-5.

JUDGMENT

Subramonium Prasad, J.

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioners challenging the Order dated 05.05.2022 passed by the Divisional Commissioner, GNCTD (Appellate Authority) in Appeal No.435/2022 affirming the Order of eviction dated 21.12.2021 passed by the District Magistrate, District South-West in Case No.1/40/2021 in the case of "Jagdish Prasad Randev vs. Ashish Randev and Anr." under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as `Senior Citizens Act, 2007') read with the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 as amended from time to time.

2. The Respondent No.5 herein filed an application under the Senior Citizen Act, 2007 before the District Magistrate, District South-West seeking eviction of the Petitioners herein from the property bearing C-2/53, Janakpuri, New Delhi - 110058.

3. Shorn of unnecessary details, the facts in brief leading to the filing of the instant writ petition are as under:

a) Petitioner No.1 is the son and Petitioner No.2 is the daughter-in-law of Respondent No.5. Respondent No.5, at present is mo

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