Remidi Thirupathi Reddy And ... vs Smt. Remidi Srilatha And 5 Others
2022 Latest Caselaw 4337 Tel

          THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                             AND
             THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                                   W.A.No. 548 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


        Heard Mr. Arunraj Bapuji Karunala, learned counsel for the

appellants; Mr. K.Anantha Rao, learned counsel for respondents

No.1, 2 and 3; and Mr. Parsa Ananth Nageshwar Rao, learned

Government Pleader appearing for respondents No.4 to 6.

2. Challenge made in this appeal is to the order passed by the

learned Single Judge dated 26.07.2022 in I.A.No.1 of 2022 in

W.P.No.29072 of 2022 filed by respondents No.1, 2 and 3.

3. By the aforesaid order, interim order granted earlier was

extended.

4. We find that appellants before us are father-in-law and

mother-in-law of respondent No.1. Son of the appellants i.e.,

husband of respondent No.1 had expired whereafter, respondent

No.1 along with her minor child and parents are residing in the

matrimonial home. It appears that appellants herein had filed an ::2::

application under Section 5 of the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007, before the concerned

Revenue Divisional Officer, which was dismissed on 14.12.2021.

Thereafter, the matter came up before the appellate Tribunal

constituted under the aforesaid act. By the order dated 25.06.2022,

appellate Tribunal, while setting aside the order passed by the

Revenue Divisional Officer, directed respondents No.1, 2 and 3 to

vacate the house and to handover possession thereof to the

appellants.

5. Against the aforesaid order of the appellate Tribunal, the

related writ petition came to be filed by respondents No.1, 2 and 3

wherein status quo order was directed at the first instance and the

said order has been directed to be continued by the order under

appeal.

6. We are of the view that the order dated 26.07.2022 is an

interim order and the related writ petition is still pending before the

learned Single Judge. Therefore, at this stage, we are not inclined to

interfere with the proceedings before the learned Single Judge.

::3::

Since the dispute raised in the related writ petition is between

senior citizens on the one hand and widowed daughter-in-law on

the other hand, we are of the view that the matter should be heard

and decided at the first instance by the learned Single Judge.

Parties may ventilate their grievance before the learned Single

Judge.

7. Writ appeal is accordingly disposed of. No costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ UJJAL BHUYAN, CJ

_______________________ C.V.BHASKAR REDDY, J Date: 26.08.2022 LUR