NAMBIDITHIDIL KRISHNAN Vs. APPELLATE MAINTENANCE TRIBUNAL/DISTRICT COLLECTOR KANNUR DISTRICT AND OTHER

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 18.6.2016 rendered by the appellate Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby the plea in Ext.P-1 application filed by R-2 (mother) has been allowed, setting aside Ext.P-2 gift deed dated 28.11.2012 executed by R-2 (mother) in favour of the petitioner (son). The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.Grashious Kuriakose, learned Senior Counsel instructed by Sri.M.M.Anto, learned counsel appearing for the petitioner, Sri.O.V.Maniprasad, learned counsel appearing for contesting respondent No.2 and Smt.A.C.Vidhya, learned Govt. Pleader appearing for R-1.

(3.) This Court is unfortunately confronted with a case, whereby, in spite of the specific orders issued by this Court in Ext.P- 11 common judgment dated 27.9.2017 in W.P.(C).Nos. 15649 and 22611 of 2017 remitting the matter to the Tribunal with the specific directions as to the determination of the issues in that regard, both the Tribunal as well as the appellate Tribunal have correctly and properly understood the manner in which the issues have to be resolved in the plea for cancellation of document under Section 23(1) of the above said Act.