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2022 Supreme(MP) 469

RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
Ganesh, S/O Late Namdev Sitole – Appellant
Versus
Indu Bai, Wd/O Late Namdev – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI AVINASH ZARGAR, ADVOCATE
For the Respondent: SHRI ARPAN J. PAWAR

ORDER :

This intra Court appeal takes exception to order dated 10.02.2021, passed by the learned Single Judge in Writ Petition No. 2679 of 2020, whereby, petition filed by the appellants has been dismissed.

2. The facts of the case are that the appellants are husband and wife respectively. The respondent No.1-Smt. Indu Bai is the mother of appellant No.1-Ganesh and respondent No.2-Smt. Padma Bai is the sister-in-law (Aunt) of the respondent No.1. Both the respondents are widows. The respondents approached the Tribunal constituted under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the ‘Act of 2007’ for short), with an application stating therein that they were peacefully residing in the house owned by them and after death of the husband of respondent No.1 on 13.08.2018, the appellant No.1 has started harassing the respondents. It has also been alleged that the appellant No.1 ousted the respondents from the house and since then respondents were residing elsewhere. It was, therefore, prayed that appellants be evicted from the house while putting the respondents in possession of the said house with further prayer to direct

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