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2022 Supreme(P&H) 1721

RAJBIR SEHRAWAT
Savita Kalra – Appellant
Versus
District Magistrate, Gurugram – Respondent


Advocates appeared:
Mr. Gurmohan Singh Bedi, Advocate, for the Appellant; Mr. Harish Rathee, Deputy Advocate, General, Haryana, Mr. Tushaar Madaan, Advocate, and Mr. Mansur Ali, Advocate, for the Respondent.

JUDGMENT

Rajbir Sehrawat, J. (Oral) - This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of certiorari quashing the ex parte order dated 10.10.2019 (Annexure P-4) passed by respondent No.1, vide which the application of respondents No.3 and 4 filed Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act of 2007'), has been allowed and the petitioner along with her children has been directed to vacate the house; as also quashing of the order dated 16.12.2020 (Annexure P-8) passed by respondent No.1, whereby the application of the petitioner for setting aside ex parte order has been dismissed; and it is also prayed that during the pendency of the present petition, the operation of the impugned order dated 10.10.2019 (Annexure P4) and the dispossession of the petitioner from the demised premises may kindly be stayed.

2. The facts, which has come on record, are that the property in question is, undisputedly, in the name of respondent No.3-Senior citizen. The impugned order dated 10.10.2019 (Annexure P-4) has been passed in his favour by ordering the eviction of the son of the respondent N

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