SUNIL SHARAN DIXIT Vs. SHRIMATI URMILA DIXIT

JUDGEMENT

(1.) Aggrieved by the order dtd. 2/8/2022 passed by the learned Single Judge in dismissing the Writ Petition No.11796 of 2022, the petitioners are in appeal. The parties will be referred to as per the rank before the learned Single Judge.

(2.) The respondent filed a petition under Sec. 22 read with Sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act") before the Sub Divisional Magistrate, Chhatarpur. It was registered as Case No.98/B-121/2021-22. The application was allowed and in terms whereof the gift deed dtd. 9/9/2019 executed by the respondent in favour of the writ petitioners was declared to be null and void. Challenging the same, an appeal was filed by the writ petitioners before the Collector, Chhatarpur which was rejected vide order dtd. 25/4/2022. Questioning the same, the instant writ petition was filed.

(3.) The learned Single Judge came to the view that Sec. 23 of the Act gives ample authority to the Tribunal to declare transfer of the property as null and void to the circumstances mentioned in Sub-sec. (1) of Sec. 23. It was also held that the writ petitioners having chosen to remain absent was indicative of the fact that they had no interest in hearing of the case. Hence, on both these grounds the writ petition was dismissed. Questioning the same, the instant appeal is filed.