- 1 - NC: 2025:KHC:10260 RP No. 11 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 11 OF 2025 BETWEEN: SMT. BHAGYA @ BHAGYAMMA, AGED ABOUT 47 YEARS, W/O LATE VENKATESH, PRESENTLY RESIDING AT NO.3/302, JEEVA NAGAR, CHOODAPURAM, BELATHUR, HOSUR TALUK-635 124, KRISHNAGARI DISTRICT, TAMILNADU, PREVIOUS RESIDING AT KHAJISONNENAHALLI VILLAGE, KANNAMANGALA POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK-560 067, BENGALURU URBAN DISTRICT. …PETITIONER (BY SRI. BHADRINATH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY CHIEF SECRETARY VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER, PRESIDENT OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT MAINTENANCE TRIBUNAL, BENGALURU NORTH SUB-DIVISION, BENGALURU-560 009, BENGALURU URBAN DISTRICT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10260 RP No. 11 of 2025 3. SMT. VENKATAMMA, W/O.LATE MUNIYAPPA, AGED ABOUT 70 YEARS, R/AT 3RD CROSS, KANNAMANGALA KHAJI SONNENAHALLI VILLAGE BENGALURU EAST TALUK, BENGALURU-560 067. 4. SRI SWAMYNATHAN S/O MUNIKADARAPPA , AGED ABOUT 38 YEARS, R/AT KHAJI SONNENAHALLI VILLAGE KANNAMANGALA POST, BENGALURU EAST TALUK, BENGALURU-560 067. …RESPONDENTS (BY SRI S H RAGHAVENDRA, AGA FOR R1 & R2 R3 & R4 ARE SERVED AND UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 OF CPC, PRAYING TO ALLOW THE REVIEW PETITION, REVIEW THE JUDGEMENT DATED 31.12.2024 IN WP NO.35738 OF 2024 (GM-RES) AND SAME CAME TO BE DISPOSED IN WRIT PETITION AND TO GRANT SUCH RELIEFS IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “WHEREFORE the petitioner most humbly prays that this Honourable Court be pleased to allow the Review Petition, Review the judgment dated 31.12.2024 in W.P.No.35738 of 2024 (GM-RES) and same came to be disposed in writ petition and to grant such reliefs in the interest of justice.” - 3 - NC: 2025:KHC:10260 RP No. 11 of 2025 2. The petitioner is seeking for review of the order dated 31.12.2024, wherein the petitioner was relegated to the appellate remedy under Section 16 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007. 3. The submission of learned counsel for the petitioner is that in view of the judgment dated 20.12.2024 passed by the Division Bench of this Court in WA No.254/2024, wherein it has been categorically held that it is only the parent and the senior citizen who would have a right to file an appeal, under Section 16 the petitioner cannot file an appeal and as such, the only remedy that the petitioner has is by filing the above review petition. 4. The dicta laid down by the Division Bench is not in dispute. 5. In that view of the matter, I pass the following: ORDER i. The review petition is allowed; ii. The order dated 31.12.2024 passed in WP No.35738/2024 is recalled; iii. The said writ petition is restored to file; - 4 - NC: 2025:KHC:10260 RP No. 11 of 2025 iv. The registry is directed to place the writ petition before the appropriate Bench. SD/- (SURAJ GOVINDARAJ) JUDGE ND List No.: 1 Sl No.: 14