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Bombay High Court

PRAVIN VITTHALRAO JADHAV AND ANRversusRUKHMINIBAI VITTHALRAO JADHAV AND ORS

Disposal
DISPOSED OFF

Holding

The High Court dismissed the writ petition, holding that the Tribunal's orders stand and any property right claim must be pursued in a civil court.

Summary

The petitioners challenged an order of the Senior Citizen Maintenance Appellate Tribunal that directed them to hand over possession of a house to respondent No.1, who had purchased the property under a registered sale deed. The Tribunal, and subsequently the Appellate Authority under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, upheld the respondent's claim of ownership and dismissed the petitioners' appeal. The petitioners argued that the property was bought using joint family funds and that they had contributed to its construction, alleging that the orders were erroneous. The High Court held that the Tribunal's findings on ownership were prima facie correct and that any claim by the petitioners to the property must be pursued in a civil court, not through writ jurisdiction. Consequently, the writ petition was dismissed as being without merit.

Issues considered

  • Whether the High Court can interfere with the orders of the Senior Citizen Maintenance Appellate Tribunal under writ jurisdiction
  • Whether the petitioners have any right to possession of the house under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • Whether the appropriate forum for adjudicating the petitioners' claim to the property is a civil court

Legislation cited

Subjects

  • Maintenance Act
  • senior citizen
  • possession
  • property dispute
  • writ jurisdiction
  • civil court
  • appellate tribunal

Judgment

2026:BHC-AUG:17035
                                                                           918-wp-4083-2026.odt
                                                    (1)


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   WRIT PETITION NO. 4083 OF 2026

                                  Pravin Vitthalrao Jadhav And Anr
                                                VERSUS
                               Rukhminibai Vitthalrao Jadhav And Ors
                                                   ...
                         Advocate for the Petitioners : Mr. Solanke Krushna S.
                             AGP for Respondent/State : Mr. S.N. Kendre
                        Advocate for Respondent No.1 : Mr. Krushna N. Bhosale
                                                   ...
                                           CORAM : S. G. CHAPALGAONKAR, J.

                                               DATED : APRIL 18, 2026

                 PER COURT :-

                 1.          Present   petition   takes   exception   to   order       dated

                 24.03.2026 passed by Presiding Officer, Senior Citizen Maintenance

                 Appellate Tribunal/Collector, Chhatrapati Sambhajinagar in Appeal

                 No.16 of 2025 thereby upholding order dated 13.08.2025 passed by

                 Tribunal/Sub Divisional Officer, Chhatrapati Sambhajinagar.

                 2.          The respondent no.1 instituted proceedings before Sub

                 Divisional Officer, Chhatrapati Sambhajinagar under provisions of

                 Maintenance and Welfare of Parents and Senior Citizens Act, 2007

                 seeking direction against petitioners not to disturb her possession over

                 suit property. The Tribunal recorded finding that suit house stands in

                 name of respondent no.1. It was purchased by her under registered

                 sale deed. Since then, she is enjoying ownership and possession of

                 suit property. The petitioners were disturbing her possession on

                 various counts.    Eventually, order directing petitioners to deliver
                                                           918-wp-4083-2026.odt
                                   (2)


possession of house property to respondent no.1 has been passed by

Tribunal. The petitioners preferred appeal under Section 16 before

Appellate Authority. The said appeal came to be dismissed upholding

order passed by Tribunal.

3.           Learned advocate appearing for petitioners submits that

Plot No.7 was purchased after selling ancestral property.              Even,

petitioners have contributed in construction of house. The respondent

no.1 filed an application under Maintenance and Welfare of Parents

and Senior Citizens Act, 2007 on instigation of younger son of

respondent no.1 namely Rameshwar.

4.           Prima facie, Authority found that respondent no.1 is a

sole purchaser of plot under registered sale deed. The petitioners

contention that purchase was out of joint family fund or money

received from sell of ancestral property cannot be considered at this

stage. If petitioners have any right in suit property, they are free to

exercise the same by approaching Civil Court.        In this backdrop,

impugned orders need not be interfered by this Court in exercise of

writ jurisdiction.

5.           Writ Petition sans merit, hence, dismissed.




                                         (S.G. CHAPALGAONKAR, J.)


Mujaheed//


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