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2024 Supreme(Ori) 213

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
G.Kteswar Rao – Appellant
Versus
G. Adilaxmi – Respondent


Advocates Appeared:
For the Petitioner:Ms. D. Mohapatra, Advocate
For the Opposite Parties :Mr. K.K. Rout, Advocate

Table of Content
1. challenge to maintenance tribunal order (Para 2 , 3 , 4)
2. arguments regarding gift deed conditions (Para 5 , 6)
3. interpretation of section 23 of the act (Para 8 , 9)
4. implications of gift deed conditions (Para 10 , 13)
5. background of legal actions taken (Para 11)
6. legal question on gift deed interpretation (Para 12)
7. final decision to set aside order (Para 14)

JUDGMENT :

B.P. Routray, J.

1. Heard Ms.D.Mohapatra, learned counsel for the Petitioner and Mr.K.K.Rout, learned counsel for Opposite Party No.1.

2. Order dated 27th March 2015 of the Maintenance Tribunal- cum-Sub-Collector, Chatrapur passed in Maintenance Case No.01 of 2014 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Act) is challenged in present writ petition.

3. Present Opposite Party No.1 is the mother of present Petitioner. She filed the complaint to initiate Maintenance Case No.01 of 2014 against the Petitioner on the premises that the Petitioner has failed to maintain her and also tortured her. Therefore, the gift deed executed by her on 20th January 2012 in favour of the Petitioner may be revoked. Though this prayer has not been specifically stated in the complai

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