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THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ, J
SRI. VENKATAIAH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks annulment of a gift deed under the maintenance act. (Para 1 , 2 , 3) |
| 2. transfer based on familial trust necessitates expectation of care. (Para 4 , 5 , 6 , 17 , 18) |
| 3. court emphasizes protective nature of welfare legislation. (Para 19 , 20 , 21) |
| 4. gift deed annulled, protecting rights of senior citizen. (Para 23) |
CAV ORDER
1. Petitioner is before the Court seeking for the following reliefs:
a. Issue WRIT OF CERTIORARI or any writ for quash /set aside as per ANNEXURE-"A" passed by the 2nd respondent dated 22-10-2024 in case No.M.A.G(1)/02/2024;
b. Quash the impugned order passed by 3rd respondent dated 19-12-2023 in case No.PA.PO.SAM and SENIOR NA.RA.KA.SAM:32/23-24 in so far as the Petitioner is concerned by allowing this writ petition as per ANNEXURE-B.
c. Issue WRIT OF MANDAMUS directing the 4th Respondent to effect the mutation in the name of the Petitioner in respect of the schedule property;
d. Grant such other relief as this Hon'ble Court deems fit to grant under the circumstance of the case in the interest of justice and equity.
2. The Petitioner, a senior citizen, had initiated proceedings under Section 23 of the Maintenance and Welfare of Paren
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