IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27088 OF 2019 (GM-RES)

BETWEEN:

SRI. B.Y. SANTOSH RAJ URS S/O B YELLAPPA, AGED ABOUT 34 YEARS, R/AT # 318, ARASU MANSION, 12^TH A MAIN ROAD, 6^TH BLOCK, RAJAJINAGAR, BENGALURU-560 010.

…PETITIONER (BY SRI. N GOWTHAM RAGHUNATH., ADVOCATE)

AND:

1. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION AND CHAIRMAN, TRIBUNAL OF MAINTENCE AND Digitally signed by SUVARNA T WELFARE OF PARENTS AND SENIOR CITIZEN, Location: HIGH KANDAYA BHAVANA, COURT OF KARNATAKA KEMPEGOWDA ROAD, BENGALURU-560 009. 2. SRI. B YELLAPPA, S/O LATE BYALAPPA, AGED ABOUT 68 YEARS, R/AT #67/1, MANGALA NILAYA, 3^RD MAIN ROAD, BDA ITTAMADU LAYOUT, BSK 3^RD STAGE, BANASHANKARI, BENGALURU-560 085.

3. SMT. MANGALA B Y, W/O VIKRAM RAVINDRANATHAN, D/O B YELLAPPA, AGED ABOUT 41 YEARS, R/AT # 67/1, MANGALA NILAYA, 3^RD MAIN ROAD, BDA ITTAMADU LAYOUT, BSK 3^RD STAGE, BANASHANKARI, BENGALURU-560 085.

…RESPONDENTS (BY SRI.MAHANTESH SHETTAR., AGA FOR R1;

SRI. B YELLAPPA(R2 IN PERSON);

R3 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE FILE OF R-1 IN RELATED TO CASE NO.MSC/CR/40/2018-19 AND QUASH THE ORDER DATED 12.06.2019 PASSED BY R-1 IN CASE NO.MSC/CR/40/2018-19;AS PER ANNEXURE-P AND CONSEQUENTLY DISMISS CASE NO.MSC/CR/40/2018-19; DT.

12.06.19 ANNEXURE-P ON THE FILE OF R-1.

THIS WRIT PETITION, COMING ON FOR PRELIMIANRY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:s CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayer.

“Wherefore, the petitioner most respectfully prays that this Hon’ble Court be pleased to:-

a. Call for the entire records from the file of respondent No.1 in related to case No.MSC/CR/40/2018-19;

b. Issue a writ in the nature of certiorari or any other writ to quash the order dated 12.06.2019 passed by respondent No.1 r-1 in case No.MSC/CR/40/2018-19 as per Annexure-P;

c. Consequently dismiss case No.MSC/CR/40/2018-19 dated 12.06.2019 Annexure-P on the file of respondent No.1. d. Pass any appropriate writ, order or direction as this Hon’ble Court deem it fit and proper in the facts and circumstances of the case and allow this writ petition with costs, in the ends of justice and equity.”

2. The petitioner before this Court is the son. The second respondent is a father. Third respondent is the daughter of respondent No.2. The father has filed an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act’ for short) before the Assistant Commissioner seeking cancellation of the gift deed dated 23.11.2012 which is registered on 12.07.2013 pertaining to the scheduled property in favour of the son i.e. the petitioner herein and further sought direction to quit and deliver the vacant possession of the property to the father. The parties are referred to as father and son for the sake of convenience.

3. It is the case of the father that he is the absolute owner of the property and out of love and affection towards his son he has executed a gift deed in the year 2012, which is registered on 12.07.2013. It is the case of the father that after obtaining the gift deed, his son became very greedy and violent against him and started harassment and assault very frequently, due to which the relationship between the father and the son became stale and reached to worse situation. Even the father has filed a police complaint with the jurisdictional police. The father has mercilessly thrown-out from the house on 07.01.2017 keeping all belongings and presently he is staying with his daughter. Hence, he has come before this Court with the relief as discussed above.

4. It is the case of the son that the father has voluntarily left the house, even though he is providing all basic necessities to the