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2025 DIGILAW 330 (MP)

Nirmala v. Shobha

2025-06-09

PAVAN KUMAR DWIVEDI

body2025
ORDER 1. The petitioners have filed this petition being aggrieved by the order dated 26.5.2025 passed by Sub-Divisional Officer (Revenue) under rule 19 of the rules made under Maintenance and Welfare of Parents and Senior Citizen Act, 2007. 2. It is the case of the petitioners that the impugned order has been passed without hearing the petitioners in complete violation of principles of natural justice. He further submits that the order is without jurisdiction for the reason that no relation between the petitioners and respondent established before the authority. 3. Be that as it may, there is an appeal provided under section 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 against the order passed by the Tribunal. As such in view of the availability of alternative remedy this Court is not inclined to entertain this petition. 4. The petition is disposed off accordingly. However, in the interest of justice ten days' breathing time is provided to the petitioners to file appeal before the appellate Tribunal in terms of section 16 of the Act of 2007. For a period of ten days' execution of impugned order dated 26.5.2025 (Annexure P/1) is stayed. 5. It is made clear that this Court has not expressed any opinion on merit of the case and the appellate Tribunal is free to decide the appeal as well as interim application on its own merit.