LALIT MEHRA Vs. AMIT MEHRA

JUDGEMENT

(1.) Heard.

(2.) This appeal has been preferred against order dtd. 9/5/2023, whereby, the learned Single Judge has admitted the writ petition filed by Respondent No. 1 and continued interim order passed earlier on 5/7/2022.

(3.) Learned counsel for the appellant would argue that large number of writ petitions, i.e., Maya Devi Vs. Vishweshwar Dayal & Another (S.B. Civil Writ Petition No. 11941/2021 & other connected petitions decided on 1/5/2023) were filed directly before Single Bench of this Court challenging the orders passed by the Maintenance Tribunal (hereinafter referred to as 'the Tribunal') on the ground that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act of 2007') does not provide for an appeal, except by senior citizens. All the aforesaid writ petitions were decided by common order dtd. 1/5/2023 holding that the writ petitioners therein had remedy of appeal, giving wider interpretation to remedial provision of appeal as contained in Sec. 16 of the Act of 2007. Learned counsel would submit that in the present case, however, the learned Single Judge admitted the writ petition and continued interim order passed earlier whereas Respondent No. 1-writ petitioner, in view of the aforesaid judgment of the learned Single Judge, has remedy of appeal against the order passed by the Tribunal before the appellate authority. Learned counsel for the appellant has placed reliance on the judgment of Division Bench of this Court in the case of Rakesh Soni & Another Vs. Smt. Premlata Soni & Others (D.B. Special Appeal (Writ) No. 920/2019 decided on 18/10/2019).