__37-WP-10228-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10228 OF 2026 Nitesh Shirish Dhulap ..Petitioner Versus The State of Maharashtra Through Government Pleader & Ors …Respondents Mr. Ghanshyam Dubey, i/b Mitesh Varshney, for the Petitioner. Mr. A.C. Bhadang, AGP, for Respondent No.1-State. Mr. Prasad N Thonse, for Respondent Nos. 2 and 3. CORAM: N. J. JAMADAR, J. DATE : 24th AUGUST 2026 P.C.: 1. Heard the learned Counsel for the parties. 2. The learned Counsel for the Petitioner submitted that the Petitioner has made an effort to file an Appeal before the Appellate Tribunal against the impugned order passed by the Maintenance Tribunal, directing eviction of the Petitioner. However, the Appellate Tribunal has declined to entertain the Appeal. 3. Mr. Bhadang, the learned AGP, on instructions, submits that all the Appeals against the orders passed by the Maintenance Tribunal are now being entertained by the Appellate Tribunal and in the event the ARS 1/3 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.08.24 20:17:45 +0530 __37-WP-10228-2026.DOC Petitioner files an Appeal before the Appellate Tribunal, the said Appeal would be entertained and decided. 4. In view of the decision of the Division Bench of this Court in the case of Jagdish Pitambar Pawar Vs Pitambar Pundalik Pawar and Ors,1 an appeal at the instance of the children and the relatives of a senior citizen is maintainable before the Appellate Tribunal under Section 16 of the Act, 2007. 5. The petition, thus, stands disposed with a direction to the Appellate Tribunal to hear and decide the appeal which may be preferred by the petitioner. 6. In the event the Petitioner files an Appeal before the Appellate Tribunal within a period of eight days from today, the Appellate Tribunal is requested to hear and decide the Appeal as expeditiously as possible, and if it is not possible to hear the Appeal finally, then hear the Application for stay to the order of the Maintenance Tribunal, within a period of two weeks, from the date of its institution. 7. To facilitate the petitioner to file an Appeal before the Appellate Tribunal alongwith an Application for stay to the execution and operation of the order passed by the Maintenance Tribunal, the execution and operation of the order passed by the Maintenance Tribunal shall remain stayed for a period of three weeks from today. 1 Writ Petition No.36 of 2023, dated 29/11/2023. ARS 2/3 __37-WP-10228-2026.DOC 8. Petition disposed. [N. J. JAMADAR, J.] ARS 3/3