K.A. ABRAHAM Vs. PANANTHANATH ALEYAMMA AND OTHERS

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.Subhash Syriac, learned counsel appealing for the petitioner, Sri.T.Madhu, learned counsel appearing for contesting respondents 1 and 2, Sri.Mathew Jacob (Kunnathu), learned counsel appearing for contesting respondent No.5 (Federal Bank Ltd.) and Smt.A.C.Vidhya, learned Government Pleader appearing for respondents 3 and 4.

(3.) The petitioner is aggrieved by the impugned Ext.P7 order dated 16.11.2015, rendered by Appellate Tribunal, whereby the impugned Ext.P4 order rendered by the Tribunal has been set aside and the plea made by respondents 1 and 2 (parents of the petitioner) in Ext.P2 application for cancellation of Ext.P1 settlement deed has been allowed in terms of section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The respondents 1 and 2 are the parents (mother and father) of the petitioner. The first respondent (mother) had executed Ext.P1 registered settlement deed No.3937/2011 of SRO, Balal, whereby she had settled about 1.80 acres of her immovable property in favour of the petitioner (son). Later, respondents 1 and 2 had filed Ext.P2 application dated 28.1.2015 before the Maintenance Tribunal praying for cancellation of Ext.P1 settlement deed under Section 23(1) of the above said Act and also for grant of maintenance to them by the petitioner. The petitioner had filed Ext.P3 counter affidavit to Ext.P2 application before the Tribunal. Later, it appears that respondents 1 and 2 had taken the stand before the Tribunal that they would only insist for cancellation of Ext.P1 settlement deed etc. Accordingly, the Tribunal held that in the light of those aspects, it may not be proper to grant the prayer for cancellation of Ext.P1 settlement deed and accordingly had passed Ext.P4 order directing grant of maintenance at the rate of Rs. 1,500/- each to be paid by the petitioner and that declined to allow the main prayer for cancellation of Ext.P1 settlement deed. Aggrieved by Ext.P4 order, to the extent it declined the grant of the prayer for cancellation of Ext.P1 settlement deed, the respondents had filed Ext.P5 Appeal dated 6.4.2014 before the Appellate Tribunal. The Appellate Tribunal has passed the impugned Ext.P7 order dated 16.11.2015, ordering the cancellation of Ext.P1 settlement. The petitioner has urged various grounds in support of his claim. In the light of these factual aspects, the petitioner has filed the instant writ petition with the aforementioned prayers.