Sonia Manocha v. Kulbhushan Manocha

Delhi High Court · 13 Jun 2025 · 2025:DHC:4982-DB
Girish Kathpalia; Tejas Karia
LPA 406/2025
2025:DHC:4982-DB
administrative appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal challenging administrative orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, holding that withdrawal of the writ petition renders the order final and execution orders cannot be independently challenged.

Full Text
Translation output
LPA 406/2025
HIGH COURT OF DELHI
Date of Decision: 13.06.2025
LPA 406/2025 & CM APPL. 36723-25/2025
SMT. SONIA MANOCHA .....Appellant
Through: Mr. Karan Singh and Mr. Kuljit Singh
Sachdeva, Advocates
VERSUS
MR. KULBHUSHAN MANOCHA AND ANR & ANR. .....Respondents
Through: Mr. Rajiv Bajaj and Mr. Vidur Marwah, Advocates
Mr. Abhinav Singh, Advocate for R-4 & R-5 Ms. Avshreya Pratap Singh, SPC
WITH
Ms. Usha Jamwal and Ms. Harshita Chaturvedi, Advocates for R-6
CORAM: JUSTICE GIRISH KATHPALIA JUSTICE TEJAS KARIA
JUDGMENT
(ORAL)

1. The appellant assails order dated 30.05.2025 passed by the learned Single Judge of this Court in W.P. (C) 8118/2025 as well as order dated 14.05.2025 passed by the Divisional Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

2. As regards order dated 14.05.2025 of the Divisional Commissioner, admittedly the same was challenged by way of W.P.(C) 8401/2025 and by KATHPALIA Date: 2025.06.13 18:00:57 +05'30' LPA 406/2025 pages order dated 06.06.2025, counsel for appellant (petitioner therein) withdrew the said writ petition unconditionally, stating that he did not wish to press the said petition. That being so, there is no scope now before the appellant to challenge the order dated 14.05.2025 through this appeal.

3. As regards order dated 30.05.2025, that order was passed in the writ proceedings arising out of execution of order dated 14.05.2025. The only aspect in order dated 30.05.2025 was that learned counsel for the Divisional Commissioner assured the learned Single Judge that execution of order dated 14.05.2025 would be carried out expeditiously. The order dated 14.05.2025 of the Divisional Commissioner has attained finality, having not been assailed till date in accordance with law. That being so, there is no scope for challenging the order dated 30.05.2025 pertaining to the execution of order dated 14.05.2025.

4. In above circumstances, we find no merit in the appeal. The appeal as well as the accompanying applications are dismissed.

GIRISH KATHPALIA JUDGE TEJAS KARIA JUDGE JUNE 13, 2025 ‘rs’ GIRISH KATHPALIA