GANESH Vs. SAU.PRATIBHA GANESH WANKHEDE

JUDGEMENT

(1.) Heard Mr. S.R. Deshpande, learned counsel for the petitioner, Mr. S.S. Sanyal with Mrs. Shibha Thakare, learned counsel for respondent No.1, Mr. Atharva Manohar, learned counsel for respondent No.2 and Mr. T.A. Mirza, learned counsel for the respondent No.6-State.

(2.) The challenge in this petition is to the judgment and order dated 8/2/2021 made under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short, "said Act") declining the relief of maintenance and cancellation of gift deed dated 1/8/2019 executed by the petitioner in favor of the respondent Nos.1 and 2 herein.

(3.) At the very outset Mr. Atharva Manohar, learned counsel for respondent No.2 submitted that the petitioner has an alternate and efficacious remedy of instituting an appeal under Sec. 16 of the said Act against the impugned order dated 8/2/2021 and, therefore, this petition may not be entertained. He referred to the provisions of the said Act, including in particular provisions in Sections 16 and 23 of the said Act to submit that the petitioner has an alternate and efficacious remedy. He relied on the decision of the learned Single Judge of this Court in Ranjana Rajkumar Makharia vs. Mayadevi Subhkaran Makharia and others, 2020(3) Mh.L.J. 587 in support of his submissions.