Poonamchand vs Shantilal
2022 Latest Caselaw 3715 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3630/2022

Poonamchand S/o Shantilal, Aged About 48 Years, Shantipura Ki Gali, Hathi Ram Ka Oda, Jodhpur, Rajasthan.

----Petitioner Versus Shantilal S/o Sardarmal Ji, Aged About 77 Years, Shantipura Ki Gali, Hathi Ram Ka Oda, Jodhpur, Rajasthan Presently Residing At Gram Panchayat Palasani, Tehsil And District Jodhpur.

----Respondent

For Petitioner(s) : Mr. Devesh A. Purohit

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/03/2022

Learned counsel for the petitioner has submitted that

the Sub-Divisional Officer (North), Jodhpur has illegally

ordered for eviction of the petitioner from the house, in

which, he is living along with his family since birth.

Learned counsel for the petitioner while placing

reliance on the decision of this Court dated 21.2.2022

rendered in the case of Vinod Sharma Vs. Smt. Shanti

Devi & Ors. - SB Civil Writ Petition No.1936/2022

has argued that the Co-ordinate Bench of this Court has

already held that the Sub-Divisional Officer has no power

to order for eviction under Section 5 of the Maintenance

and Welfare of Parents and Senior Citizens Act, 2007.

(2 of 2) [CW-3630/2022]

Issue notice. Issue notice of stay petition as well.

Meanwhile, effect and operation of the order dated

29.12.2021 passed by the Sub-Divisional Officer (North),

Jodhpur in Application No.93/2019 shall remain stayed.

At this stage, learned counsel for the petitioner

undertakes that the petitioner is ready to pay

maintenance to the tune of Rs.2,500/- per month to the

respondent.

In such circumstances, the petitioner is directed to

pay monthly maintenance to the tune of Rs.2,500/- to

the respondent till pendency of the writ petition.

(VIJAY BISHNOI),J

39 -ms rathore

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