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HC-KAR R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4280 OF 2024 (GM-RES)

C/W WRIT PETITION NO. 11886 OF 2021 (GM-RES)

IN WP NO.4280/2024 BETWEEN SMT KRISHNAVENI W/O P NAGARAJACHAR, AGED ABOUT 71 YEARS, R/O NO. 72, SUNDER RESIDENCY, WEST OF CHORD ROAD, BASAVAESHWARANAGARA, BENGALURU 560 079.

...PETITIONER (BY SRI. JAYKUMAR S. PATIL., SR. ADVOCATE FOR SRI. PATIL SUMANTH KUMAR., ADVOCATE)

Digitally signed by SHWETHA AND RAGHAVENDRA Location: HIGH

1. THE CHAIRMAN COURT OF KARNATAKA TRIBUNAL OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS AND ASSISTANT COMMISSIONER, BENGALURU NORTH SUB DIVISION, BENGALURU - 560 001.

2. SRI N YOGESH S/O NAGARAJ, AGED ABOUT 42 YEARS, 3. SMT SHWETA Y HC-KAR W/O N YOGESH AGED ABOUT 41 YEARS, BOTH ARE RESIDENTS OF NO. 149, KARNATAKA LAY OUT, 1^ST CROSS, WEST OF CHORD ROAD, 2^ND STAGE, MAHALAKSHMPURAM, BENGALURU 560086.

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

SRI. R. PADMANABHA., ADVOCATE FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, SETTING ASIDE THE IMPUGNED ORDER PERTAINING TO DIRECTION TO R-2 AND 3 TO ACCOMMODATE PETITIONER IN THE SUBJECT PROPERTY I.E SCHEDULE PROPERTY NO. 2 WITHIN 30 DAYS FROM THE DATE OF THE ORDER PASSED BY THE R-1 ON

29.01.2020 IN MISC CR 106/2018-19 VIDE ANNX-E AND ETC.

IN WP NO.11886/2021 BETWEEN

1. SRI N YOGESH S/O NAGARAJ N AGED ABOUT 39 YEARS

2. SMT. SHWETA Y W/O N YOGESH AGED ABOUT 38 YEARS BOTH PETITIONERS ARE R/AT NO.149, KARNATAKA LAYOUT, 1^ST CROSS, WEST OF CHORD ROAD 2^ND STAGE, MAHALAKSHMIPURAM, BENGALURU-560086.

...PETITIONERS (BY SRI. PADMANABHA., ADVOCATE)

AND HC-KAR

1. THE CHAIRMAN TRIBUNAL OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS AND ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU-560001.

2. SMT. KRISHNAVENI R W/O NAGARAJ AGED ABOUT 64 YEARS, R/AT NO.78/2, RAGHAVA RESIDENCY, FLAT NO.104, S.V.K. LAYOUT, WEST OF CHORD ROAD, 2ND STAGE, BASAVESHWARANAGAR, BENGALURU-560079.

…. RESPONDENTS (BY SRI. JAYKUMAR.S. PATIL., SR. ADVOCATE FOR SRI. PATIL SUMANTH KUMAR., ADVOCATE FOR R2;

SRI. MAHANTESH SHETTAR., AGA FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, TO QUASH THE ORDER DTD. 29.01.2020 IN PROCEEDINGS NO. MSC.CR.106/2018-19 PASSED BY THE R-1 VIDE ANNX-D AND ETC.

THESE WRIT PETITIONS COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 24.04.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

CAV ORDER

1. The Petitioner- Senior Citizen in WP No.4280/2024 is before this Court seeking the following reliefs:

a. Issue a writ of certiorari, setting aside the impugned order pertaining to the direction to R2 and R3 to HC-KAR accommodate petitioner in the subject property i.e., schedule property No.2, within 30 days from the date of the order passed by the respondent no.1 on 29.01.2020, in Misc.Cr.106/2018-19 vide Annexure-

E.

b. Issue a writ of mandamus directing the R2 and 3 to hand over/ give possession of the subject property i.e., schedule property No.2 to the petitioner with immediate effect.

c. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.

2. The Petitioners in WP No.11886/2021 are before this Court seeking the following reliefs:

d. Issue a writ in the nature of certiorari to quash the order dated 29.01.2020 in proceedings No. MSC.CR.106/2018-19 passed by the R1 vide Annexure-D e. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.

3. Facts in WP No.4280 of 2024:

3.1. Petitioner No.1 in WP No.11886 of 2021 is the Son of Respondent No.2-therein, who is none other than the Petitioner in WP No.4280 of 2024. It is not in dispute that the Petition