IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16661 OF 2022 (GM-RES)

BETWEEN:

1. SMT VIJAYALAKSHMI S.P., W/O S.P.SUDHAKAR AGED ABOUT 48 YEARS R/A NO.84, 4^TH CROSS GANDHINAGARA HARIHARA - 577 001 DAVANGERE DISTRICT

2. SMT.REKHA W/O.NAMADEVA M.B., AGED ABOUT 46 YEARS R/AT NEELAKANTANAGAR

4^TH CROSS, 5^TH MAIN HARIHARA-577 001 DAVANAGERE DISTRICT …PETITIONERS Digitally signed by (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE)

SUVARNA T L H o I c G a H ti o C n O :

UR T OF AND:

KARNATAKA

1. THE DEPUTY COMMISSIONER DAVANGERE DISTRICT AND APPELLATE AUTHORITY FOR THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS DAVANGERE, HARIHAR ROAD (SH - 76)

DAVANGERE - 577 001

2. THE TRIBUNAL OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS AND THE ASST. COMMISSIONER AND THE SUB -DIVISIONAL MAGISTRATE SAGARA- SUB DIVISION COURT ROAD SAGARA – 577 401 SHIVAMOGGA DISTRICT

3. SRI R.SURESH S/O LATE BABU RAO AGED ABOUT 60 YEARS

4. SMT.USHA W/O R.SURESH AGED ABOUT 56 YEARS R3 & R4 ARE R/A NEAR SWAGATH MEDICALS, BUS STAND ROAD SHIKARIPURA - 577 427 SHIVAMOGGA DISTRICT

5. SMT.DRAKSHAYANAMMA W/O GIRIRAJ K.N., AGED ABOUT 29 YEARS R/O 2^ND CROSS, NEAR BEERALINGESHWARA TEMPLE NEAR VINAKAYAKA NAGARA SHIKARIPURA - 577 427 SHIVAMOGGA DISTRICT …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R1 & R2 SMT.NIREEKHA D.J., ADVOCATE FOR SRI.SHOWRI H.R., ADVOCATE FOR R3 & R4 R5- SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 18.7.2022 IN CASE BEARING NO.MAG(11)HI NAA/10/202-23 PASSED BY THE R-1 THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT AND APPELLATE AUTHORITY FOR THE MAINTENANCE AND WELFARE OF PARENTS AND SR CITIZENS DAVANAGARERE HARIHARA ROAD(SH-76) DAVANAGERE VIDE ANNEXURE-F AND CONSEQUENTLY ALLOW THE APPEAL FILED BY THE PETITIONERS VIDE ANNEXURE-E.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayer:

"PRAYER WHEREFORE, the Petitioners, above-named, humbly pray that this Hon'ble Court be pleased to:

[a] Issue a Writ of Certiorari or any other writ or order or orders to set aside the Order, dated: 18.07.2022, in case bearing No.MAG (1)/ Hi Naa/10/2022-23, passed by the 1st Respondent, the Deputy Commissioner, Davanagere District & Appellate Authority for the Maintenance and Welfare of Parents and Senior Citizens, Davanagere- Harihar Road (SH-76), Davanagere, vide Annexure - F and consequently allow the appeal filed by the Petitioners, vide Annexure-E.

[b] to grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and in the circumstances of the case by allowing the above Writ Petition, in the interest of justice and equity."

2. The facts of the case are that respondent Nos.3 and 4 are senior citizens who are issueless. The petitioners are none other than the 3^rd respondent's sister's children. It is the case of respondent Nos.3 and 4 that the petitioners fraudulently pressed into service a Release Deed and by virtue of the same, when the respondents are being evicted from the premises, they have approached respondent No.2 and respondent No.2 has set aside the Release Deed by order dated 29.04.2022. Against that, the petitioners had filed an appeal before respondent No.1 and respondent No.1 has affirmed the order of respondent No.2.

3. Learned counsel appearing for the petitioners submits that respondent Nos.1 and 2 have no such authority to cancel the Release Deed. It is submitted that the Deed is executed after accepting the consideration. The respondent Nos.3 and 4 having received the consideration have relinquished their share in the property. It is submitted that the Release Deed which is followed by consideration will not fall under the scope of Section 23 of the Mainte