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2025 DAILYLAW 101729 (PNJ)

GULJAR SINGH v. STATE PUNJAB AND OTHERS

CWP/26124/2023 · 2025-09-23

Kuldeep Tiwari

body2025

Judgment text

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CWP-26124 IN THE HIGH COURT OF PUNJAB AND HARYANA (209) Gulzar Singh State of Punjab and others CORAM: Present: KULDEEP TIWARI 1. fetching grievance from the the learned Additional District Magistrate (respondent No.3), under Section 16 of the Parents and Senior Citizens Act, 2007 (hereinafter to be referred as ‘the Act of 2007’), wherethrough, allowed, and the transfer deed dated 27.03.2015 the petitioner in favour of the respondent No.5, which was cancelled by the learned Maintenance Tribunal, vide order dated 07.03.2023 was ordered to be restored. 2. 31.08.2023 (Annexure P 26124-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gulzar Singh Versus State of Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI None for the petitioner. Mr. Sahil R. Bakshi, AAG, Punjab for respondents No.1 to 4. Mr. Anil Garg, Advocate and Mr. Ankit Joshi, Advocate for respondent No.5. **** KULDEEP TIWARI, J.(ORAL) The petitioner, who is a senior citizen, has approached this Court, fetching grievance from the order dated 31.08.2023 (Annexure P the learned Additional District Magistrate-cum (respondent No.3), under Section 16 of the Parents and Senior Citizens Act, 2007 (hereinafter to be referred as ‘the Act of 2007’), wherethrough, an appeal preferred by the respondent No.5, was allowed, and the transfer deed dated 27.03.2015 the petitioner in favour of the respondent No.5, which was cancelled by the learned Maintenance Tribunal, vide order dated 07.03.2023 was ordered to be restored. The prayer made in the instant writ petition is that the order dated 31.08.2023 (Annexure P-1), passed by the learned Appellate Authority 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26124-2023 Date of Decision : 23.09.2025 …Petitioner Versus ...Respondents KULDEEP TIWARI Sahil R. Bakshi, AAG, Punjab The petitioner, who is a senior citizen, has approached this Court, dated 31.08.2023 (Annexure P-1), passed by cum-Appellant Tribunal, Gurdaspur (respondent No.3), under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as ‘the Act of an appeal preferred by the respondent No.5, was allowed, and the transfer deed dated 27.03.2015 (Annexure P2), executed by the petitioner in favour of the respondent No.5, which was cancelled by the learned Maintenance Tribunal, vide order dated 07.03.2023 (Annexure P- The prayer made in the instant writ petition is that the order dated 1), passed by the learned Appellate Authority The petitioner, who is a senior citizen, has approached this Court, ed by Appellant Tribunal, Gurdaspur Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as ‘the Act of an appeal preferred by the respondent No.5, was , executed by the petitioner in favour of the respondent No.5, which was cancelled by the -3), The prayer made in the instant writ petition is that the order dated 1), passed by the learned Appellate Authority MANPREET SINGH 2025.09.25 10:04 I attest to the accuracy and authenticity of this order/judgment CWP-26124 concerned, be set aside, and the transfer deed dated 27.03.2015, be as the same was obtained with a promise, that respondent No of the petitioner/senior citizen, and will provide him physical needs. 3. appearance in the Court, apprises this Court, that during the pendency of the instant writ petition, unfortunately, the demise of the petitioner/senior citizen has occurred certificate of the petition is taken on record. petitioner/senior citizen has occurred on 4. the Court. 5. petitioner/senior citizen has occurred, and cause of action does not survive anymore, therefore, the proceedings 6. September 23 Manpreet 26124-2023 concerned, be set aside, and the transfer deed dated 27.03.2015, be as the same was obtained with a promise, that respondent No of the petitioner/senior citizen, and will provide him physical needs. Today, learned counsel for the respondent No.5, who has caused ppearance in the Court, apprises this Court, that during the pendency of the instant writ petition, unfortunately, the demise of the petitioner/senior citizen has occurred. He has also placed on record the photocopy of the death certificate of the petitioner, issued by the authorities concerned, and the same is taken on record. As per the death certificate, the demise of the petitioner/senior citizen has occurred on 17.07.2025 Today, there is no representation on behalf of the petitioner, in In view of the supervening events, /senior citizen has occurred, and cause of action does not survive , therefore, the proceedings initiated Consequently, the instant writ petition is 23, 2025 Whether speaking/reasoned Whether reportable 2 concerned, be set aside, and the transfer deed dated 27.03.2015, be cancelled, as the same was obtained with a promise, that respondent No.5, shall take care of the petitioner/senior citizen, and will provide him with basic amenities and Today, learned counsel for the respondent No.5, who has caused ppearance in the Court, apprises this Court, that during the pendency of the instant writ petition, unfortunately, the demise of the petitioner/senior citizen . He has also placed on record the photocopy of the death , issued by the authorities concerned, and the same As per the death certificate, the demise of the 7.07.2025. Today, there is no representation on behalf of the petitioner, in In view of the supervening events, since the demise of the /senior citizen has occurred, and cause of action does not survive d on his behalf stands abated. Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No cancelled, , shall take care basic amenities and Today, learned counsel for the respondent No.5, who has caused ppearance in the Court, apprises this Court, that during the pendency of the instant writ petition, unfortunately, the demise of the petitioner/senior citizen . He has also placed on record the photocopy of the death , issued by the authorities concerned, and the same As per the death certificate, the demise of the Today, there is no representation on behalf of the petitioner, in since the demise of the /senior citizen has occurred, and cause of action does not survive MANPREET SINGH 2025.09.25 10:04 I attest to the accuracy and authenticity of this order/judgment