IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 30153 OF 2025 (GM-RES)

BETWEEN:

SHIVAKUMAR B V S/O SRI VEERABHADRAIAH AGED ABOUT 48 YEARS, R/AT NO.95/C5, 2^ND FLOOR, NEAR GANGADHARESHWARA TEMPLE, JARAGANAHALLI 6TH PHASE, J P NAGAR, BENGALURU-560078.

…PETITIONER (BY SRI. ASHOKA T., ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BENGALURU - 560001.

2. THE SPECIAL DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, BENGALURU -560009.

3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUBDIVISION BENGALURU-560009.

4. SRI VEERABADHRAIAH S/O LATE EERAIAH AGED ABOUT 73 YEARS, R/AT NO.94/C5, NEAR GANGADHARESHWARA TEMPLE JARAGANAHALLI 6TH PHASE, J P NAGAR, BENGALURU-560078.

5. SRI. SRIHDAR B.V.

S/O SRI VEERABADHRAIAH, AGED ABOUT 48 YEARS, R/AT NO. 95/C5, 2^ND FLOOR, NEAR GANGADHARESHWARA TEMPLE, JARAGANAHALLI, 6^TH PHASE, J.P. NAGAR, BENGALURU - 560078.

…RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA FOR R1 TO R3;

SMT. NAGAVENI G H., ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A. ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 30.12.2024 PASSED BY THE SPECIAL DEPUTY COMMISSIONER IN APPEAL NO. MAG(4)(SC) CR- 24/2024-25 VIDE ANNEXURE -A; B. ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 09.07

2024 PASSED BY THE ASSISTANT COMMISSIONER IN MSC NO.51/2023 VIDE ANNEXURE-B; C. DIRECT THAT POSSESSION OF THE PETITIONER SHALL NOT BE DISTURBED UNTIL DISPOSAL OF O.S. NO.6060/2024 PENDING BEFORE THE CITY CIVIL COURT, BENGALURU.

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

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is as against the orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for short, 'the Act'], and the details of the impugned orders are as follows.

[i] The order dated 30.12.2024 passed by the Special Deputy Commissioner in Appeal No.MAG(4) (SC)

CR:24/2024-25 vide Annexure-A;

(ii) The order dated 09.07.2024 passed by the Assistant Commissioner in MSC No.51/2023 vide Annexure-B.

The jurisdictional Assistant Commissioner has directed the petitioner to handover the vacant possession of the two floors in the property in No.94/6 of Jaraganahalli, Near Prasanna Gangadhareshwara Temple, Bengaluru [the subject property] to the fourth respondent [the petitioner's father] within fifteen [15] days.

2. The petitioner has carried the Assistant Commissioner's order in an appeal unsuccessfully; the Deputy Commissioner [the appellate authority] has dismissed the appeal confirming the Assistant Commissioner's order. This Court need not detain itself on the merits of the appellate authority's order because it is trite that the petitioner could not have availed the appellate remedy under the Act. As such, this Court must decide on the merits of the petitioner's grievance with the Assistant Commissioner's order.

3. Mr. Ashoka T., the learned counsel for the petitioner, and Ms. Nagaveni G.H., the learned counsel for the fourth and fifth respondents, are heard. The petitioner is extended an opportunity to place on record an affidavit to demonstrate his bona fide. The circumstances that emerge from the records and the rival submissions are.

[a] The petitioner has filed the original suit in O.S.No.6080/2024 on the file of the XXXI Additional City Civil and Sessions Judge, Bengaluru against his father [the fourth respondent] and his brother [the fifth respondent] for partition including the subject property.

[b] The suit is pending for consideration, but the petitioner's application for a temporary injunction against the fourth respondent creating third-party interest in the subject property is rejected.

[c] The petitioner has filed first information with the jurisdiction police against the fifth respondent’s wife and son that has resulted in charge sheet against them