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2013 Supreme(P&H) 1221

M.M.S.BEDI
Promil Tomar – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
Mr. Sanjeev Sharma, Sr. Advocate with Mr. Shekhar Verma, Advocate for the petitioners.
Mr. S.S. Goripuria, DAG, Haryana.
Mr. Arun Palli, Sr. Advocate with Mr. Sunil Garg, Advocate for respondent No. 5

Judgment

M.M.S. Bedi, J.

The petitioners have preferred this writ petition under Articles 226/227 of the Constitution of India against an order dated June 19, 2013 (annexure P-26) passed by the Presiding Officer, Maintenance Tribunal, Panchkula, exercising powers under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for short ‘the Maintenance Act’. Petitioners have also sought quashing of the execution proceedings initiated by respondent No.5 and the order dated August 23, 2013 passed in the execution proceedings annexure P-3.

Brief facts relevant for the just decision of the present petition are that in the application filed by respondent No.5 under Section 23 of the Maintenance Act he stated that he is a senior citizen aged 75 years and owner of 50% share of House No. 174, Sector 6, Panchkula, and owner of 50% share of the said house is Sanjay Tomar, who is the eldest son of respondent No.5. His wife expired on May 26, 2010. The petitioners had been living with respondent No.5 on the first floor of the above said house since their marriage in 2009. Respondent No.5 averred that the property in his name is self-acquired property which was transferre






























































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