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2016 Supreme(Guj) 1098

N.V.ANJARIA
Rajeshkumar Bansraj Gandhi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :D.V. Kansara, Advocate
For the Respondents: Tirthraj Pandya, AGP

JUDGMENT :

N.V. Anjaria, J.

1. The petitioners have filed this petition against order dated 30th October, 2015 passed by the fourth respondent herein-the Sub Divisional Magistrate, exercising his powers under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Allowing Appeal No. 68 of 2015 of the second respondent herein, the Sub Divisional Magistrate directed the petitioners to hand over the possession of the house property described as B/1, Santoshnagar Society, Camp Road, Shahibaug, Ahmedabad to the second respondent from the petitioners herein. The Police Inspector of the Shahibaug Police Station was directed to carry out the order regarding handing over the possession.

3. Petitioner No. 1 happens to be the son, whereas petitioner No. 2 is a daughter-in-law of the second respondent-mother. The second respondent has two other sons and daughter staying in Ahmedabad only. It is the case of the petitioner that father of the petitioner died on 06th November, 2003 and the brothers have already taken their share from the property. The second respondent mother had been residing with the petitioners in the house and according to petitioners, they were taking care of th


































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