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2025 DAILYLAW 7370 (UTT)

RAJESH BHATT v. MAHESH MAHARAJ BHATT

WPMS/1349/2022 · 2025-09-09

Pankaj Purohit

body2025

Judgment text

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2025:UHC:7952 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 1349 of 2022 09 September, 2025 Rajesh Bhatt --Petitioner Versus Mahesh Maharaj Bhatt --Respondent ---------------------------------------------------------------------- Presence:- Mr. Nikhil Singhal, learned counsel for the petitioner. Mr. Gaurav Singh, learned counsel for the respondent. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. By means of the present writ petition, petitioner has put to challenge the order dated 25.05.2022 (contained as annexure no.1 to this writ petition) passed by Sub Divisional Magistrate/Prescribed Authority, Haridwar in Case No.17 of 2021, Mahesh Maharaj Bhatt vs. Rajesh Bhatt. 2. The dispute between the petitioner-son and the respondent-father arose regarding the maintenance of the respondent-father by the petitioner-son. The respondent-father filed an application under Sections 4 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking eviction of the petitioner from his (the respondent’s) house. The said application was allowed by the learned Sub-Divisional Magistrate/Prescribed Authority vide judgment and order dated 25.05.2022, whereby the petitioner-son was directed to be evicted from the house of the respondent- father. Aggrieved by the said order, the petitioner has 2025:UHC:7952 2 filed the present writ petition under Article 227 of the Constitution of India, seeking quashing of the order dated 25.05.2022. 3. Learned counsel for the parties made a joint statement at the Bar that a compromise has been entered into between the parties, and a joint compounding application (I.A. No. 4/2025) has been filed, supported by separate affidavits of the petitioner-son and the respondent-father. 4. Petitioner-Rajesh Bhatt and respondent- Mahesh Maharaj Bhatt are present before this Court through V.C., duly identified by their respective counsel. 5. Upon interaction with both the petitioner and the respondent, they admitted that a compromise has been arrived at between them. The respondent-father has expressed his willingness to allow the petitioner-son to reside with him, provided that the petitioner-son lives with due respect towards his father. The petitioner-son has also undertaken to live peacefully with his father, to show appropriate respect, and to maintain him in all respects. It has further been agreed, as part of the compromise, that the amount of Rs.1,00,000/– deposited by the petitioner-son before this Court pursuant to the order dated 17.06.2022 passed by a Co-ordinate Bench, shall be withdrawn by the respondent-father. 6. In view of the aforesaid facts and circumstances of the case, the compromise application is allowed. As a result, the impugned judgment and order dated 25.05.2022 passed by Sub Divisional Magistrate/Prescribed Authority, Haridwar in Case No.17 of 2021, Mahesh Maharaj Bhatt vs. Rajesh Bhatt shall stand quashed. 2025:UHC:7952 3 7. It is directed that the respondent-father shall be entitled to withdraw the amount of Rs.1,00,000/– deposited by the petitioner-son before this Court on completing the requisite formalities. 8. With the aforesaid directions, the present writ petition stands disposed-off accordingly. 9. Pending application(s), if any, also stands disposed of. (Pankaj Purohit, J.) 09.09.2025 AK