RASHID SHAIKH Vs. SMT. RAISA BEE

JUDGEMENT

(1.) The petitioner before this Court has filed this present writ petition under Article 227 of the Constitution of India against his own mother who is more than 70 years of age.

(2.) Facts of the case reveal that Civil Suit was decided in favour of the old mother and an appeal has been preferred in the matter. An application for stay was also preferred and the appellate court has directed the son, who is the present petitioner before this Court, to deposit Rs. 20,000/- before the trial Court and Rs. 2,000/- per month, till the appeal is pending.

(3.) This Court has carefully gone through the order passed by the trial Court. It has been passed on an application preferred under Order 41, Rule 5 of the Code of Civil Procedure, 1908. The mother of the petitioner is aged more than 70 years and she does not have any source of income and in those circumstances, the aforesaid order has been passed.