JUDGMENT (CAV)

K.V. Aravind, J.—Heard learned Senior Advocate Mr. Puttige R. Ramesh assisted by learned advocate Mr. A. Srikanth for the appellant, learned Government Advocate Mr. K.S. Harish for respondent Nos.1 and 3 and learned advocate Mr. Ranganath Reddy for respondent No.2.

2. This intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, impugning the order in Writ Petition No.3165 of 2024, dated 02.02.2024.

Facts in Brief

3. The brief facts leading to this appeal are that the appellant writ petitioner is the son of late P. Krishna. Respondent No.2 is his sibling. Late P. Krishna executed Gift Deed dated 27.02.2019 in favour of respondent No.2. The property in question is a residential property bearing No.28/1 in Sy.No.17/3 situated at Subbanna Garden, Adugodi Corporation, Ward No.70, Shanthinagar Ward, Bengaluru, measuring East to West 37’6" and North to South 40’. Late P. Krishna filed a petition under Sections 4, 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘Act’) before respondent No.3-Assistant Commissioner, alleging fraudulent gift deed and denial of basic amenities by his son. The Assistant Commissioner by