Kamal Kumar Aggarwal vs Sub Divisional Officer (C) ...
2023 Latest Caselaw 11510 P&H

                                                        Neutral Citation No:=2023:PHHC:098475




CM-9548-CWP-2023 in/and
CWP-9760-2023 (O&M)                           [1]                2023:PHHC:098475


211
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                    CM-9548-CWP-2023 in/and
                                                    CWP-9760-2023 (O&M)
                                                    Date of decision: 01.08.2023

Kamal Kumar Aggarwal

                                                                            ...Petitioner

                                          Versus

Sub Divisional Officer (C)-cum-Presiding Officer, Maintenance Tribunal and

others

                                                                         ...Respondents

CORAM:        HON'BLE MR. JUSTICE VIKAS BAHL

Present:      Mr. Vineet Sehgal, Advocate for the petitioner.

              Ms. Rajni Gupta, Addl. A.G., Haryana
              for respondent No.1.

              Mr. Karamveer Singh Banyana, Advocate
              for respondent Nos.2 and 3.

              ****

VIKAS BAHL, J. (ORAL)

CM-9548-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 05.10.2023 to an early date.

2. For the reasons stated in the application which is duly supported by

an affidavit, the same is allowed and the date of hearing in the main case is

preponed from 05.10.2023 to today and the same is taken on Board today itself

for final disposal.

Main case

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Neutral Citation No:=2023:PHHC:098475

CM-9548-CWP-2023 in/and CWP-9760-2023 (O&M) [2] 2023:PHHC:098475

1. This is a Civil Writ Petition filed under Article 226 of the

Constitution of India for issuance of a writ in the nature of certiorari for

quashing of order dated 13.04.2023 (Annexure P-1) passed by respondent No.1.

2. On 25.07.2023, this Court had passed the following order:-

"Learned counsel for the respondents has pointed out that in the present case, the order passed by the Sub Divisional Officer (C)-cumPresiding Officer, Maintenance Tribunal for Maintenance and Welfare of Parents and Senior Citizens Panchkula is appealable under Section 16 of the of The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 keeping in view the 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.

Learned counsel for the petitioner prays for a short adjournment to get instructions in the matter.

Adjourned to 01.08.2023.

To be taken up at 01:45 PM.

It is made clear that no further adjournment would be granted."

3. Learned counsel for the petitioner seeks permission of this Court to

withdraw the present Civil Writ Petition with liberty to the petitioner to file

statutory appeal, in accordance with law.

4. In view of the above, the present Civil Writ Petition is dismissed as

withdrawn with liberty aforesaid.

5. All the pending miscellaneous applications, if any, shall stand

disposed of in view of the abovesaid order.

01.08.2023                                             (VIKAS BAHL)
Pawan                                                     JUDGE

Whether speaking/reasoned:- Yes/No

Whether reportable:- Yes/No

Neutral Citation No:=2023:PHHC:098475

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