Bombay High Court

GANGADHAR BHIVSAN MALODEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed, with the objection to the appeal to be decided by the Senior Citizens Appellate Tribunal and no execution order granted.

Summary

The petitioner sought execution of a Senior Citizens Maintenance Tribunal order granting peaceful possession of his property. The High Court had earlier stayed that order in a separate writ petition filed by Respondent No. 6, who had also filed an appeal. The petitioner argued that the appeal provision is limited to senior citizens themselves, making the son’s appeal untenable. The Court held that while the son’s appeal may be improper, the objection can be raised before the Senior Citizens Appellate Tribunal, which is already hearing the matter. Consequently, the writ petition was disposed without ordering execution.

Issues considered

Whether an appeal filed by a son of a senior citizen against an order of the Senior Citizens Maintenance Tribunal is maintainable under the applicable legislation.
Whether execution of the Tribunal's order can proceed while the appeal is pending and a stay has been granted.
Whether the petitioner may raise an objection to the appeal before the Senior Citizens Appellate Tribunal.

Subjects

Senior Citizens Maintenance Tribunal
execution of order
appeal maintainability
property possession
writ petition
stay order

Judgment

2026:BHC-AUG:41955-DB


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 9948 OF 2026

                              GANGADHAR BHIVSAN MALODE
                                             VERSUS
                   THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL
                                   SECRETARY AND OTHERS
                                                ...
                          Advocate for Petitioner : Mr. Kartavya Ostwal
                                i/f. Mr. Ostwal Abhaykumar Dilip
                       AGP for Respondent/s – State : Ms. Vaishali Chaudhari
                     Advocate for Respondent Nos. 6 & 7 : Mr. Bagal Vishal A.
                                                …

                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 09th SEPTEMBER, 2026

              PER COURT :

              1.            The Petitioner is seeking execution of the order passed by

              the Senior Citizens Maintenance Tribunal, Chhatrapati Shambhajinagar,

              for delivering the peaceful possession of the property belonging the

              Petitioner.

              2.            During the course of the arguments, he has placed on record

              an order passed by this Court dated 14.08.2026, wherein the order under

              execution passed by the Senior Citizens Tribunal, on 13.04.2026, has

              been stayed by this Court in Writ Petition no. 10260/2026, filed by

              Respondent no. 6. It was submitted that Respondent no. 6 has already

              filed an Appeal along with stay Application which was not heard, and
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therefore, the execution would not be maintainable. The Writ Petition

filed by Respondent no. 6 has been disposed of by directing the Senior

Citizens Appellate Tribunal to decide the Appeal within a period of eight

weeks. Till then, the order under challenge has been stayed by this Court.

The effect and operation of the notice dated 06.08.2026, issued by the

Circle Officer for execution of the order was stayed by this Court till the

decision by the Appellate Authority.

3.           Today, when the matter is listed, it is pointed out by the

learned Advocate for the Petitioner that in fact the provision of Appeal is

limited only to the extent of senior citizens who are aggrieved by the

order passed by the Senior Citizens Maintenance Tribunal. Therefore, the

Appeal filed by the son of the senior citizen would not be maintainable.

4.           Considering that the Appeal is already filed, this objection

can very well be raised before the Senior Citizens Appellate Tribunal,

which is pending before the Appellate Authority and after considering the

objection raised by the present Petitioner, it can be very well decided by

the Appellate Authority.

5.           In view thereof, the Writ Petition stands disposed of.




                                       ( MANJUSHA DESHPANDE, J. )
SPC

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