IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 58216 OF 2018 (GM-RES)

BETWEEN:

SMT L. YASHODAMMA W/O SRI MANJUNATH @ BABU, AGED ABOUT 44 YEARS, R/AT NO.29, 5^TH ROAD, JOGUPALYA, HALASUR, BANGALORE-560 008.

…PETITIONER (BY SRI. S V BHAT.,ADVOCATE)

AND:

1. G. LAKSHMAIAH S/O SRI CHIKKANARAYANAPPA, AGED ABOUT 85 YEARS, R/AT GUNDLAPALLI VILLAGE, Digitally KASABA HOBLI, signed by SUMA B N BANGEPALLI TALUK - 561 207.

Location:

HIGH 2. THE ASSISTANT COMMISSIONER COURT OF CHIKKABALLAPURA SUB-DIVISION, KARNATAKA CHIKKABALLAPURA.

3. SMT. HEMAVATHI WIFE OF SRI. L. NAGARAJU AGED ABOUT 45 YEARS

4. MASTER NANDA KISHORE SON OF SRI. L. NAGARAJU AGED ABOUT 2 YEARS SINCE MINOR REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMT. HEMAVATHI.

(3) AND (4) R/AT GUNDLAPALLI VILLAGE KASABA HOBLI BAGEPALLI TALUK - 561 207 CHIKKABALLAPURA DISTRICT.

…RESPONDENTS (BY SRI. ZULFIKIR KUMAR SHAFI., ADVOCATE FOR R1(ABSENT)

SMT. B. SUKANYA BALIGA, AGA FOR R2;

SRI. VASANTH RAJ, ADVOCATE FOR R3 & R4 (ABSENT))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE R-2 DATED 31.08.2018 IN MSCR NO.53/2017-18 AT ANNEXURE-P AND TO QUASH THE PROCEEDINGS IN MSCR NO.53/2017-18 BEFORE THE R-2 CULMINATING IN THE ORDER DATED 31.8.2018 AT ANNEXURE-P.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner, who is the daughter of respondent No.1 is before this Court being aggrieved by the order dated 31.08.2018 passed by the respondent No.2/Assistant Commissioner in Case No.M.S.C.R.53/17-18 in purported exercise of his powers under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

2. The case of the petitioner is that;

(a) respondent No.1/her father had conveyed lands measuring 1 acre 21 guntas in Sy.No.97/3, 16 guntas in Sy.No.97/4B, 15 guntas in Sy.No.97/4A, all situated at Gundlapalli, Kasaba Hobli, Bagepalli Taluk, Chikkaballapura District and also another extent of 21 guntas in land bearing Sy.No.183/2 of Mallasandra Village, Kasaba Hobli, Bagepalli Taluk, in all, total measuring 2 acres 33 guntas in terms of registered deed of gift dated 20.10.2008. The petitioner had accepted the gift and was in possession and enjoyment of the same. That name of the petitioner was also mutated in the revenue records vide M.R.No.4/2008-09 and in MR No.21/2008-09 both dated 16.12.2008. That a rectification deed also came to be executed on 23.10.2008 rectifying certain defects in description of the property. Subsequently, petitioner had sold one of the items of the aforesaid properties to certain Sri.R. Venkatesh in terms of deed of sale dated 16.11.2015.

(b) That even after the respondent No. 1 conveying the above properties in favour of the petitioner, he had retained vast extent of land in his name and he had sold two items of the said properties retained by him on 22.02.2016 to certain Sri. S.S.Srinivasa. A suit in O.S. No. 65/2016 came to be filed by elder brother of the petitioner, namely, Sri. L.Nagaraju, against the petitioner, respondent No.1 and even the purchasers of the property of the petitioner and the other family members. The said suit was dismissed as withdrawn on the purported ground of there being certain formal defects.

(c) Thereafter, the respondent No.1 had gifted certain lands measuring 34 guntas in Sy.No.22/2, 38 guntas in Sy.No.22/3, 37 guntas in Sy.No.27/1 and 34 guntas in Sy.No.27/2 of Gundlapalli, Kasaba Hobli, Bagepalli in favour of his son Sri. L.Nagaraju in terms of deed of gift dated 11.09.2017. Yet again, the said Sri.L. Nagaraju, brother of the petitioner filed a suit in O.S.No.245/2017 against the petitioner, respondent No.1 and other family members seeking partition.

(d) That during the pendency of the said suit, respondent No.1 filed petition under Section 23(1) of the Maintenance and