Savita Avinash Khamkar And Anr vs Jyotiram Marutirao Khamkar And ...
2021 Latest Caselaw 16938 Bom

                                                                          p-510-cwp-8619-21.doc

              DSS
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
DINESH
SADANAND                                   WRIT PETITION NO. 8619 OF 2021
SHERLA
Digitally signed by
DINESH SADANAND
SHERLA
                      Savita A. Khamkar and anr.                         ...Petitioners
Date: 2021.12.06
20:08:48 +0530               V/s.
                      Jyotiram M. Khamkar and ors.                       ...Respondents
                                                           -----
                      Mr. Santaram A. Tarale for the Petitioners.
                                                           -----

                                                      C0RAM :       G. S. KULKARNI, J.

                                                      DATE :        DECEMBER 06, 2021.
                      PC :

                      1]       Not on board. Taken on board on an application moved on behalf of
                      the petitioners.


                      2]       Prima facie, it appears that there are matrimonial proceedings

pending between the petitioner No.1 and her husband Avinash, respondent No.2. The present proceedings are arising out of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. An order has been passed against the petitioner No.1 directing her to vacate the house which belongs to respondent No.1, who is senior citizen and father-in-law of the petitioner No.1.

3] As informed by learned counsel for the petitioners that respondent No.1 has alternate premises and staying in the same building on the first floor.

4] In the aforesaid circumstances, issue notice to the respondents, returnable on 10.1.2022. In addition to Court notice, learned counsel for

p-510-cwp-8619-21.doc

the petitioners is permitted to serve the respondents by private notice by all permissible modes and place on record the affidavit of service.

5] In the meantime, the respondents are directed to not to act upon the impugned order dated 27.10.2020 and as confirmed by the judgment and order dated 5.3.2021 passed by the First Appellate Court.

6] Parties to act upon an authenticated copy of this order.

7]    Stand over to 10.1.2022.




                                                   (G. S. KULKARNI, J.)