IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1487 OF 2025 (GM-RES)

BETWEEN:

SRI. MUNIVENKATAYYA S/O. GANGATHIMMAYA-URF-THIMMAYYA @

BULLAYYA, AGED ABOUT 48 YEARS, R/AT BYCHAPURA VILLAGE, VENKATAYANAPALYA, KASABA HOBALI, MAGADI TALUK, RAMANAGARA DISTRICT-562 120.

…APPELLANT (BY SRI. B M HALASWAMY, ADVOCATE)

AND:

Digitally signed by NIRMALA DEVI 1. THE ASSISTANT COMMISSIONER Location: THE PRESIDENT OF SENIOR CITIZEN, HIGH COURT MANAGEMENT TRIBUNAL, OF KARNATAKA RAMANAGARA SUB DIVISION, RAMANAGARA-562 159.

2. SRI. GANGATHIMMAYYA-URF-THIMMAYYA @

BULLAYYA S/O. LATE BYLAYYA, AGED ABOUT 81 YEARS, R/AT BYJAPURA VILLAGE, KASABA HOBALI, MAGADI TALUK, RAMANAGARA DISTRICT-562 120.

…RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 25.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 1275/2020, AND CONSEQUENTLY, ALLOW THE PRESENT WRIT APPEAL, AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant has filed the present appeal impugning an order dated 25.7.2025 passed by the learned Single Judge of this Court in Writ Petition No.1275 of 2020, whereby the learned Single Judge has declined to interfere with the order dated 18.12.2019 passed by respondent No.1 [The Assistant Commissioner, The President of Senior Citizen, Management Tribunal, Ramanagara Sub-Division, Ramanagara]. The said order was passed pursuant to a complaint made by respondent No.2 (The Senior Citizen) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereafter 'the Act'] claiming possession of the residential house [hereafter ‘the residential house in question’ as well as payment of maintenance of Rs.10,000/- per month. The residential house in question was constructed by respondent No.2 on land measuring 40x50 feet in Byjapura village, Magadi Taluk, Ramanagara District. He had executed a gift deed dated 14.08.2018 gifting the residential house in question to his wife and his daughter. The appellant is the elder son of respondent No.2 (Bullayya) and is also residing in the residential house in question.

2. It is respondent No.2's case that the appellant was not maintaining the family and was not taking care of him. He also alleged that it has become difficult to live peacefully with the appellant. Respondent no.2 had, accordingly, sought for eviction of the appellant from the residential house in question. The Senior Citizens Helpline Center had also furnished a house visit report dated 12.06.2019 confirming that the appellant had not provided any basic necessities to his father (respondent no.2). In view of the above, respondent No.1 had passed an order directing the appellant to hand over possession of the residential house in question located in Byjapura village to the complainant within a period of 15 days.

3. Aggrieved by the same, the appellant had filed a writ petition being W.P.No.1275/2020. which was rejected by the learned Single Judge.

4. Learned counsel for the appellant submits that the petition filed by respondent No.2 under Section 23 of the Act was not maintainable as respondent No.2 was not the owner of the residential house in question. He submits that the subject property was gifted by respondent No.2 to his daughter and wife by a registered gift deed dated 14.08.2018 and, therefore, could not claim any rights in the residential house in question. He further submits that a civil suit regarding the partition of various properties in OS No.31/2019 is pending before the Court of Senior Civil Judge and JMFC, Magadi, Ramnagara District and the rights of various family members in the family properties is yet to be deter