SHYAM LAL Vs. DEVENDRA @ DEVA NAND & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 31.03.2015 passed by Appellate Tribunal (District Magistrate), Jodhpur, whereby, the appeal filed by the petitioner under Sec. 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the Act') has been rejected.

(2.) The petitioner filed an application under Sec. 6 of the Act seeking possession and maintenance from the respondents son and daughter-in-law; the application was resisted by the respondents; a rejoinder was filed by the petitioner.

(3.) After hearing the parties, the Sub Divisional Officer, Jodhpur ('SDO') by order dated 19.05.2011 came to the conclusion that a suit filed by respondent Devendra was pending consideration before Civil Judge (Junior Division), Jodhpur Metro No.3, Jodhpur and in an application filed under Order 39, Rule 1 and 2 CPC, by order dated 02.04.2012 it was directed that defendants would not transfer the suit property and both the parties would maintain status quo regarding the disputed property, therefore as there was an interim order in force, no relief can be granted; regarding the maintenance, the SDO found that mother of the respondent and petitioner has filed proceedings before the Family Court, wherein, by order dated 23.03.2009, by way of interim maintenance, an order for payment of Rs.1,000.00 each has been made by the Family Court and, in view of the above, rejected the application filed by the petitioner.