ORDER

1. The petitioner is before this Court seeking for the following reliefs:

(i) The Endorsement dated 05.01.2023 issued by the 2nd respondent Assistant Revenue Officer Vasanthanagar Sub-Division, BBMP in No.ARO(VN)/KTR/97/2002-23 as per Annexure-G to the writ petition be set aside and quashed by issue of a writ of certiorari and/or any other appropriate order, writ and direction;

(ii) Directing the 2nd respondent Assistant Revenue

Officer Vasanthanagar Sub-Division, BBMP to restore the katha of the property bearing Municipal No.6 (116-E), PID No.92-19-6, Ground floor, 4th Main Road, Jayamahal

Extension, Bangalore-560046 to the name of the petitioner by issue of a writ of mandamus.

2. A joint memo is filed which reads as under:

1. The Petitioner and the 3rd Respondent have resolved their dispute amicably. The petitioner is the daughter of the 3rd Respondent. The 3rd Respondent had filed MSC/CR 67/2021-22 before the Tribunal for Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Assistant Commissioner, Bangalore North Sub-Division, Bangalore under Section 5(1)(a) and (b) of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 to cancel the registered Gift Deed dated 23-12-2014 executed by her in favour of the Petitioner mainly on the ground that the Petitioner was not co-operating for installation of the lift in the property No.6, 4th Main Road, Jayamahal Extension, Bangalore-560046 which led the Petitioner and other two daughters filing the suits O.S. No.779/2019 and O.S.No.4664/2021 before the City Civil Court, CCH-42, Bangalore City. The dispute in regard to installation of the lift has been resolved and the parties have filed compromise petitions in O.S. No.779/2019 and O.S. No.4664/2021 on the file of the Court of the City Civil Court,

CCH-42, Bangalore City.

2. In view of the dispute regarding installation of the lift having been resolved amicably the 3rd Respondent concedes that the Petitioner is the absolute owner of the Ground floor of property No.6, 4th Main Road, Jayamahal Extension, Bangalore-560046 by virtue of the registered Gift Deed dated 23-12-2014 executed by the 3rd Respondent. Consequently the katha of the Ground floor property No.6, 4th Main Road, Jayamahal Extension, Bangalore-560046 which had been changed to the name of the 3rd Respondent has to be restored back to the name of the Petitioner. The 3rd Respondent has no objection for restoring the katha of the property to the name of the Petitioner.

3. The Petitioner and the 3rd Respondent pray that the above Writ Petition be allowed and the impugned order as per Annexure-G to the Writ Petition be quashed directing the Respondent 1 and 2 to restore the katha of the property to the name of the Petitioner, Smt. Sujaishree Sumanth in the interest of justice.

3. Respondent No.3 who is the mother had earlier gifted her properties to the petitioner and two other daughters who are before this Court submitted that if a lift is installed to access her property, she has no objection for the katha to be made issued in respect of the said property in favour of the petitioner.

4. Though the learned counsel for the petitioner submits that katha could be transferred right away and lift would be installed in six months. Such request cannot be accepted since there is a duty cast on this Court to safeguard the interest of respondent No.3

who is 80 years old whose interest cannot be compromised on account of any dispute between her three daughters to whom she has gifted her property.

5. In that view of the matter, the petitioner and two other daughters of respondent No.3 upon installation of the lift and commissioning thereof, shall provide a commissioning certificate to the jurisdictional ARO who shall thereafter inspect the premises to ascertain whether lift in fact is installed and functioning and thereafter, process the application of the petitioner for reviving the katha in favour of the petitioner.

6. Needless to say that for installation of