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2019 Supreme(All) 509

B.AMIT STHALEKAR, PIYUSH AGRAWAL
Akhilesh Kumar – Appellant
Versus
State of UP – Respondent


Advocates Appeared:
Subhash Chandra Tiwari, Adv., Neeraj Srivastava, Adv., Pankaj Srivastava, Adv.

JUDGMENT :

1. Heard Sri S.C. Tiwari learned counsel for the petitioner, learned standing counsel for respondent nos. 1 and 2. None appears for respondents nos. 3 and 4.

2. Petitioners in this writ petition are seeking quashing of the order dated 15.11.2018 passed by the respondent no.2 in Case No. 11 of 2018 (Suresh Kumar and others vs. Akhilesh and others) in a proceeding under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Act, 2007).

3. The facts as stated in the writ petition are that the respondent nos. 3 and 4 initiated a proceeding against the petitioners for grant of maintenance and allowance. In the said case an order was passed on 5.11.2018 by the Sub Divisional Magistrate, Bilhaur, District Kanpur Nagar, respondent no.2, which order is impugned herein, directing the petitioners to pay maintenance to the respondent nos. 3 and 4 and also directing eviction of the petitioners from the said premises. Against the order dated 5.11.2018 the petitioners filed Appeal No. 2 of 2019 before the District Magistrate, Kanpur Nagar under section 16 of the Act, 2007.

4. Learned counsel for the petitioners submits that Sri Vijai Vishwas Pa































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