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2025 DAILYLAW 2287 (RAJ)

SAURABH ASWANI S/O SHRI JAI KISHAN @ RAJKUMAR ASWANI v. JAI KISHAN ASWANI S/O LATE SHRI KEWAL RAM

CW/876/2025 · 2025-03-03

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:9090] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 876/2025 Saurabh Aswani S/o Shri Jai Kishan @ Rajkumar Aswani, Aged About 34 Years, R/o House No. 400-B, 20 Dukan, Adarsh Nagar, Jaipur (Raj.) ----Petitioner Versus Jai Kishan Aswani S/o Late Shri Kewal Ram, Aged About 59 Years, R/o Plot No. 31-A, Ramgali No. 7, Rajapark, Jaipur. ----Respondent For Petitioner(s) : Mr. JK Moolchandani Ms. Anupama Dhamaniya For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 03/03/2025 1. Petitioner has preferred instant writ petition under Article 227 of the Constitution of India, impugning the interlocutory order dated 26.09.2024 passed in Case No.35/2023 titled as ‘Jai Kishan Aswani Vs. Saurabh Aswani’ by the Sub-Divisional Officer, Jaipur-I, against which the appeal preferred by the petitioner has been dismissed as not maintainable by the District Collector, Jaipur, vide order dated 26.11.2024. 2. It is apparent that vide interlocutory order dated 26.09.2024, petitioner being natural son of respondent has been directed by the SDO, to pay interim maintenance @ Rs.5,000/- per month to the respondent, in exercise of powers under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. [2025:RJ-JP:9090] (2 of 2) [CW-876/2025] 3. Counsel for petitioner, during course of arguments, does not press the challenge to the impugned order on merits and has confined his prayer to the limited extent that after passing of the interlocutory order dated 26.09.2024, the respondent has not proceeded in the main case, due to which the proceedings before the Sub-Divisional Officer are pending. Counsel for petitioner submits that petitioner has filed reply to the main case and the SDO be directed to hear and decide the case earliest. 4. Before this Court, order-sheets of proceedings pending before the Sub-Divisional Officer, post to passing of the interlocutory order dated 26.09.2024, have not been placed on record, however, considering the grievance and limited prayer of petitioner, this Court finds it just and proper to grant liberty to the petitioner to file an application before the SDO, for expeditious hearing/ disposal of the main case. 5. In case, any such application is filed, the Sub-Divisional Officer is expected to hear and decide the main case, as early as possible. 6. With aforesaid observations, instant writ petition stands disposed of. 7. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/6