IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24191 OF 2024 (GM-RES)

BETWEEN:

1. SMT REKHA W/O SIDDESHWARA B B AGED ABOUT 46 YEARS. 2. SIDDESHWARA B B S/O BETUR BASAPPA AGED ABOUT 49 YEARS BOTH ARE R/AT NO. 810/4

1ST STAGE, 2^ND MAIN, 3RD CROSS SHIVAKUMARA SWAMY BADAVANE DAVANAGERE - 577002.

…PETITIONERS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE)

AND:

1. THE ASSISTANT COMMISSIONER CUM PRESIDING OFFICER THE TRIBUNAL FOR MAINTENANCE Digitally signed AND WELFARE OF SENIOR CITIZENS by SHWETHA AND PARENTS, DAVANAGERE - 577001.

RAGHAVEND RA Location: HIGH 2. SRI BASAARAJAPPA COURT OF S/O SANNA HANUMANTAPPA KARNATAKA AGED ABOUT 75 YEARS.

3. SMT RATNAMMA W/O S BASAVARAJAPPA AGED ABOUT 70 YEARS R2 AND R3 ARE R/AT TURCHAGHATTA VILLAGE DAVANAGERE TALLUK AND DISTRICT-577006.

4. UNION BANK OF INDIA (CORPORATION BANK)

MANDIPETE BRANCH,DAVANAGERE-57704 REP BY ITS BRANCH MANAGER

5. RELIANCE PROJECT AND PROPERTY MANAGEMENT SERVICE COMPANY AHMEDABAD, GUJARAT-361142.

REP BY ITS MANAGING DIRECTOR.

…RESPONDENTS (BY SRI.HAREESH BHANDARY T FOR C/R2 & R3 IN CP 11095/24 SMT. SARITHA KULKARNI, AGA FOR R1:

SRI. MANU PRABHAKAR KULKARNI FOR R5:

SMT. DIVYA PURANDAR, FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE FILE OF R-1 IN RESPECT OF THE PROCEEDINGS IN NO. HI.NA/CR/05/2024-25 DATED: 29.08.2024 AND B. QUASH THE ORDER IN NO. HI.NA/CR/05/2024-25 DATED: 29.08.2024 PASSED BY THE R-1 I.E., THE ASSISTANT COMMISSIONER, DAVANAGERE, PRODUCED AT ANNEXURE-A THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Petitioner No.1, daughter and Petitioner No.2, Son-

in-law of Respondent Nos.2 and 3, are before this Court seeking for the following reliefs;

a. Call for the entire records from the file of R-1 in respect of the proceedings in no.

Hi.Na/CR/05/2024-25 dated: 29.08.2024 b. And may kindly be pleased to issue the writ of Certiorari by quashing the order in No. Hi.Na/CR/05/2024-25 dated: 29.08.2024 passed by the R1 i.e., the Assistant Commissioner, Davanagere, produced at Annexure-A.

c. and grant such other orders or direction under the facts and circumstances of the case in the interest of justice and equity.

2. A gift deed having been executed by Respondent No.2 in favour of Petitioner No.1 on 12.10.2017, had been challenged in the proceedings under Sections 23(1) and 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Respondent No.1, who had cancelled the gift deed. It is challenging the same, the Petitioners are before this Court.

3. During the pendency of the above matter, the Petitioners and Respondent Nos.2 and 3 have arrived at a compromise. Affidavits have been filed in this regard by Petitioner No.1 and Respondent No.2.

4. Affidavit filed by Respondent No.2 reads as under:

“AFFIDAVIT I, S.Basavarajappa S/o. Sanna Hanumanrtappa, aged about 75 years R/of Turchaghatta Village, Davanagere Taluk and District, today at Benglauru, do hereby solemnly swear and affirm on oath as under:

1. I state that, I am the respondent No.2 in the above case respondent No-3 is my wife, I know the facts of the base Hence, I am swearing to this affidavit myself and on behalf of Respondent No.3

2. I state that I had filed the petition before the Respondent No:1/Assistant Commissioner U/sec 23(1) R/W 24 of welfare and maintenance of Senior Citizen and Parents Act-2007 to cancel the Gift deed dated 12-10-2017 in favour of the petitioner No-1

3. I further state that the Respondent No:1 had allowed my petition by his order dated 29-08-2024 and cancelled the Gift deed executed by me in favor of the petitioner which is challenged by the petitioners in the above petition, on 31-08-2024 this Hon'ble court has granted interim order of stay the order by staying the order of the Assistatne Commissione