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2016 Supreme(Ker) 948

MOHAN M.SHANTANAGOUDAR, ANTONY DOMINIC
Shabeen Martin – Appellant
Versus
Muriel – Respondent


Advocates Appeared:
For the Petitioners: Sri. P.B. Krishnan, Sri. P.M. Neelakandan, Sri. P.B. Subramanyan, Sri. Sabu George
For the Respondents: Sri. M. Narendra Kumar, Sri. M.P. Madhavankutty

JUDGMENT :

Antony Dominic, J.

The petitioners in W.P(C) No. 8193 of 2014 are the appellants. The writ petition was filed challenging Exts.P6 and P8 orders passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as, the 'Act'). The writ petition having been dismissed, this appeal is filed.

2. We heard learned counsel for the appellants and the learned counsel appearing for the respondents.

3. On the materials available, we find that the first respondent had executed Ext.P1 settlement deed in favour of the appellants. Subsequently, an application was filed under the Act invoking the power of the authority under Section 23 seeking to invalidate Ext.P1 and that was allowed by Ext.P6 order. The appeal filed by the appellants was rejected by the Appellate Tribunal as per Ext.P8. It is in these circumstances, the writ petition was filed, which came to be dismissed.

4. The contention raised by the learned counsel for the appellants was relying on Section 23 of the Act. According to the learned counsel, in the absence of a specific reservation made in Ext.P1 settlement deed, providing for the conditions subject to which the transfer was made, an







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