Salim Sultan Ahmad Chaudhary v. Appellate Tribunal for Parents and Senior Citizens

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Salim Sultan Ahmad Chaudhary, Thr. ... vs The Appellate Tribunal For Parents And ... on 23 March, 2026

Author: Anil S. Kilor

Bench: Anil S. Kilor

2026:BHC-NAG:4629-DB

                                                1                                124-WP-2271-2026.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                NAGPUR BENCH, NAGPUR.
                                     WRIT PETITION NO. 2371 OF 2026

        MR. SALIM SULTAN AHMAD CHAUDHARY THROUGH HIS POWER OF ATTORNEY
                             SANDIP S/O SUBHASH MEHTA
                                         Vrs.
     THE APPELLATE TRIBUNAL FOR PARENTS AND SENIOR CITIZEN, NAGPUR AND OTHERS
     --------------------------------------------------------------------------------------------------------
     Office Notes, Office Memoranda of                             Court's or Judge's Order
     Coram, appearances, Court's Orders
     or directions and Registrar's order
     ---------------------------------------------------------------------------------------------------------
                               Shri Sandeep Tiwari, Advocate for petitioner.
                               Shri J. Y. Ghurde, A. G. P. for respondent No.1.

                                                        CORAM: ANIL S. KILOR AND
                                                               RAJ D. WAKODE, JJ. DATE : 23/03/2026

1.            Heard Shri Sandeep Tiwari, learned counsel
                             for the petitioner.
   

2.            The petitioner - father who is more than 80
                             years old has approached this Court seeking direction to
                             the respondent No.1 - Appellate Tribunal for Parents and
                             Senior Citizens, Nagpur to hear and dispose of the Appeal
                             No.9/2025 within stipulated period. The contention is that
                             on 18/12/2023, the petitioner had filed an application
                             bearing No.88/MRC-81/2023 for eviction under the [Maintenance and Welfare of Parents and Senior Citizens
                             Act, 2007](https://indiankanoon.org/doc/118724005/). The aforesaid application was decided by the
                             Sub-Divisional Magistrate vide order dated 18/03/2025.
                             The aforesaid order dated 18/03/2025 passed under
   
                             (Annexure-P-3).
   

2 124-WP-2271-2026.odt

1.         The     aforesaid     order    was     immediately
                                  challenged by the respondent Nos.2 and 3 by filing appeal
                                  under [Section 16](https://indiankanoon.org/doc/78397380/) of the Maintenance and Welfare of
                                  Parents and Senior Citizens Act, 2007 before the
                                  respondent No.1 - Appellate Tribunal. Therefore, the said
   
                                  (Annexure-P-4).
   

2.         Shri Sandeep Tiwari, learned counsel submits
                                  that it is almost one year now that the aforesaid appeal
                                  has not been decided and accordingly, the protection order
                                  which    was       passed   by     the   learned    Sub-Divisional
                                  Magistrate in favour of the petitioner has been frustrated.
   

3.         Considering the age of the petitioner who is
                                  more than 80 years old and the purpose of the Act for
                                  which the protection order was passed, we dispose of the
                                  present writ petition with a direction to the respondent
   
                                  (Annexure-P-4) filed by the respondent Nos.2 and 3 within
                                  stipulated period of six weeks from the date of production
                                  of order of this Court.
   

4.         The decision taken thereupon, shall be
                                  communicated to the petitioner within a period of two
                                  weeks from the date of order.
   

5.         Writ Petition is accordingly disposed of.
   

[JUDGE] [JUDGE]

             Choulwar

Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge
Date: 23/03/2026 19:44:12