1 903...odt 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 2026:BHC-AUG:41955-DB 2 903...odt 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