WPMS/2554/2025
2025 Latest Caselaw 4219 UK

Uttarakhand High Court

WPMS/2554/2025 on 11 September, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.2554 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Shailabh Pandey, Advocate for the petitioners.

2. The present writ petition has been filed under Article 227 of the Constitution of India by the petitioners, whereby the petitioners have put to challenge the judgment and order dated 13.12.2024, passed by learned Additional Collector/Additional District Magistrate (Finance and Revenue), Udham Singh Nagar in Appeal No.52/02 of 2023, Dalip Singh Vs. Bhupender Kaur and another, whereby the appellate court has allowed the appeal preferred by the respondent and judgment and order passed by learned Sub- Divisional Magistrate, Khatima, Udham Singh Nagar - Prescribed Authority, under Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has been set aside and the petitioner no.1 was directed to pay a sum of ₹5,000/- in maintenance to the respondent who is his grandfather.

3. It is contended by counsel for the petitioners that father of the petitioner was ousted by the respondent- grandfather, in the year 2004, from the property and since father has already been ousted from the property by the respondent therefore in that eventuality no liability can be fixed upon the petitioner being grandson. He further submitted that he has not inherited any ancestral property.

4. In such view of the matter he castigates the judgment impugned in the present writ petition.

5. Issue notice to the respondent, returnable within four weeks.

6. Steps to be taken within a week.

7. List this case on 26.11.2025.

8. Having considered the submissions advanced by counsel for the petitioners, this Court is of the view that execution of the award dated 13.12.2024 in Appeal No.52/02 of 2023, shall remain stayed provided the petitioner shall keep on paying a sum of ₹5,000/- maintenance to the respondent on 10th day of every month.

9. Stay Application (IA No.1 of 2025) stand disposed-off accordingly.

(Pankaj Purohit, J.) 11.09.2025 SK