VITTHAL BABURAO SHELKEversusTHE DISTRICT COLLECTOR ALIAS MAGISTRATE OSMANABAD AND OTHERS

2026:BHC-AUG:43451


                      IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                 BENCH AT AURANGABAD

                           3 WRIT PETITION NO. 12653 OF 2022

                                     Vitthal Baburao Shelke
                                             VERSUS
                The District Collector Alias Magistrate Osmanabad And Others
                                                ...
                      Advocate for the Petitioner : Mr. Patil Sujit Anilrao
                         AGP for Respondents-State: Mr. S. K. Shirse
             Advocate for Respondent No.3 : Mr. R. F. Totala, Vedant Kabra i/b Mr.
                                          Rahul Totala.
                                                …

                                CORAM      : ROHIT W. JOSHI, J.
                                Dated      : September 23, 2026

           PER COURT :-

           1.    The petitioner had initially instituted proceedings under Section

           23 of the Maintenance and Welfare of Parents and Senior Citizens Act,

           2007 and Rules 2010, before the Sub-Divisional Officer against his son,

           who is the respondent. The said proceeding is registered as Case

           No.2021/Sankirna/J.Na.Nya./Kavi-75.



           2.    The Sub-Divisional Officer has dismissed the said application vide

           order dated 04/10/2021. The petitioner preferred an appeal before the

           District    Magistrate,   Osmanabad,           being   Appeal   Sanchika

           Kra.2021/Sa.Pra./Sakinrna/Kavi-1960, which was dismissed vide order

           dated 12/09/2022. The present petition is filed in order to challenge

           the said concurrent orders.



           3.    The subject matter of the dispute is the residential house, which

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was also the subject matter of Civil Suit No.269 of 2012. The said

civil suit was disposed of in view of a compromise between the

parties and a compromise decree was recorded on 03/05/2012.

Under the said compromise decree, the petitioner and his wife, i.e.

the father and mother of the respondent, had relinquished their

rights over the suit property in favour of the respondent.



4.    The petitioner thereafter filed Special Civil Suit No.55 of 2021

in order to challenge the said compromise decree. In the said civil

suit, the respondent moved an application for rejection of the plaint

under Order VII Rule 11 of the Code of Civil Procedure. The said

application for rejection of plaint came to be allowed vide order

dated 07/07/2022 passed by the learned 5th Joint Civil Judge, Senior

Division, Osmanabad. The petitioner has preferred an appeal

challenging the order of rejection of plaint, which is registered as

Regular Civil Appeal No.71 of 2021 and is pending for adjudication

before the learned Appellate Court.



5.    The petitioner has filed an application under Section 23 of the

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

and Rules 2010, seeking, amongst other reliefs, cancellation of the

compromise decree passed in Regular Civil Suit No.269 of 2012.

Apart from this, a prayer is made that the respondent should not

create any obstruction in the enjoyment of the property by the

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petitioner.



6.    The Sub-Divisional Officer has rejected the said application

vide order dated 04/10/2021. Perusal of the order would demonstrate

that the learned Sub-Divisional Officer has dismissed the application,

inter alia, on the ground that the dispute arises out of the

compromise decree arrived at between the parties in the civil suit.



7.    Aggrieved by the said order, the petitioner preferred an appeal,

which is also dismissed by the District Magistrate, Osmanabad. The

learned Appellate Authority has recorded that the petitioner has not

made any prayer for maintenance in the application and that the

foundation of the prayers is the prayer for cancellation of the

compromise decree which relief can be granted only by the learned

concerned Court.



8.    Perusal of the application would indicate that although there

are allegations of harassment at the hands of the respondent, the

allegations of ill-treatment and harassment are vague and wanting in

material particulars, such as the date and time. The suit property is

situated at Osmanabad, whereas the respondent is residing at

Islampur, in District Sangli.



9.    Apart from this, the foundation of the prayer in the application

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is the principal prayer for cancellation of the compromise decree, for

which a substantive civil suit was filed, in which the plaint has

already been rejected and the appeal is pending.



10.      Having regard to the aforesaid, in my considered opinion, no

case for interference with the well-reasoned orders passed by both

the authorities is made out. The Writ Petition is, accordingly,

dismissed.




                                               ( ROHIT W. JOSHI, J. )




vj gawade/-.




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