SUKUMARAN Vs. SUMESH S/O SUKUMARAN

JUDGEMENT

(1.) Appellant is the father and respondents 1 and 2 are his son and daughter. It appears that the appellant had executed Ext.P2 sale deed in favour of his son on 24.6.2010. Subsequently he filed an application before the third respondent Tribunal under section 23 of the Maintenance and Welfare of Parents and senior Citizens Act, 2007. The proceedings culminated in Ext.P1 order whereby the Tribunal declared the sale deed null and void and cancelled it.

(2.) The first respondent filed writ petition seeking to quash Ext.P1 order. By the judgment under appeal, the learned Single Judge accepted the plea that the case did not attract Section 23 of the Act and on that basis set aside the order and allowed the writ petition. It was clarified that it would be open to the appellant to agitate his contentions before the Civil Court. It is this judgment, which is under challenge.

(3.) We heard the counsel for the appellant and the learned counsel for the first respondent.