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2023 Supreme(P&H) 920

VIKAS BAHL
Amrit Pal – Appellant
Versus
Tarsem Chand – Respondent


Advocates appeared:
Ms. Supriya Garg, Advocate for the petitioners.
Mr. Sherry K. Singla, Advocate for respondent No.1.
Mr. Kunal Muthreja, AAG, Punjab.

VIKAS BAHL, J.

CM-18643-CWP-2023

1. This is an application filed under Section 151 of CPC for preponement of the date of hearing in the main case which is now stated to be listed for 11.03.2024 to an early date.

2. For the reasons stated in the application, the same is allowed and the date of hearing in the main case is preponed from 11.03.2024 to today and the same is taken on Board today itself for final disposal.

Main case

1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the order dated 22.12.2021 (Annexure P-5) whereby respondent No.2 has allowed the application filed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Learned State Counsel as well as learned counsel for respondent No.1 have raised preliminary objections that against the impugned order, in view of judgment passed by the Hon’ble Division Bench of this Court in Paramjit Kumar Saroya Vs. Union of India and another, reported as 2016(3) RCR (Civil) 146, an appeal would lie before the Appellate Authority.

3. Learned counsel for the petitioners has submitted that in view of t

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