- 1 - HC-KAR NC: 2025:KHC:20447 WP No. 24826 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 24826 OF 2022 (GM-RES) BETWEEN: 1. SMT. AHASANA TAQVEEM AGED ABOUT 40 EYARS WIFE OS SYED HASEEBUR RAHMAN 2. SMT. RABEENA TAHREEM W/O INAYATH PASHA AGED ABOUT 38 YEARS REPRESENTED BY HER GPA HOLDER SMT. AHASANA TAQVEEM BOTH ARE R/AT NO. 510 LASHKAR MOHALLA UDAYAGIRI, MG ROAD MYSURU - 570 005. …PETITIONERS (BY SRI. SANGAMESH R B., ADVOCATE) AND: 1. ASST. COMMISSIONER KOLLEGAL SUB DIVISON KOLLEGAL, MYSURU DISTRICT - 570 021. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20447 WP No. 24826 of 2022 2. SRI. W. MUSHAHID HUSSAIN KHAN S/O LATE H A WAHEED KHAN NO. 3834/11A, SAYYAJI RAO ROAD, NEAR SUNANDA AGARBATTI FACTORY BAMBOO BAZAR, THILAKNAGAR MYSURU - 570 021. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI. VINAY MAHADEVAIAH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.11.2022 PASSED IN CASE NO. MAG.CR.83/2021-22 PASSED BY THE R1(ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner No.1 is present and also represents the interest of petitioner No.1 by virtue of GPA, copy of which is produced. 2. Both parties are present. Joint memo is filed and parties affixed their signatures in the order sheet as well. 3. Joint memo reads as hereunder: - 3 - HC-KAR NC: 2025:KHC:20447 WP No. 24826 of 2022 '' The petitioners and Respondent No.2 jointly submit as follows: 1. The above writ petition is filed by the petitioners herein challenging the impugned order dated 09.11.2022 passed by the 1st respondent/Asst. Commissioner in case No. MAG.CR.83/2021-22, exercising the powers under Section 5 of the Maintenance & Welfare of Parents and Senior Citizens Act, 2007. As per the said order, the Assistant Commissioner has allowed the application filed by the second respondent (Senior Citizen) and declared that the registered Gift Deed dated 06.1.2015, executed by the 2nd respondent in favour of the petitioners has void as per Section 23 of the said Act. 2. The petitioners herein have challenged the said order passed by the Assistant Commissioner. During the pendency of the above petition, the petitioners herein and the second respondent upon the advice and support of all the family members and common friends have decided to resolve the dispute with regard to execution of the registered gift deed dated 06.1.2015 by way of amicable settlement. As per the terms of the said settlement, the petitioners and 2nd respondent herein have agreed that the said Gift Deed dated 06.1.2015 shall be held as valid and the petitioners herein shall be treated as absolute owners of the property mentioned in the said Gift Deed dated 06.1.2015. The 2nd respondent has also agreed that he does not have any objection for the petitioner No.1 & 2 to get the Katha/RTC changed in the name of the petitioners herein in respect of land bearing survey No. 94, measuring 02 acres 38 guntas, and also land bearing survey No.95, measuring 03 acres 32 guntas; both situated at Mukkanahobli village, Harve Hobli, Chamarajnagar Taluk. The 2nd respondent also admitted and agreed that petitioners herein shall continue to be the absolute owners of the aforesaid lands as per the terms of this settlement. 3. In view of the said settlement, the petitioners and the 2nd respondent have executed this Joint Memo. Therefore, the above petition may be disposed in terms of the Joint Memo and the impugned order dated - 4 - HC-KAR NC: 2025:KHC:20447 WP No. 24826 of 2022 09.11.2022 passed by the 1st respondent may be set aside, in the interest of Justice, Equity and Good Conscience. '' 4. It is stated that by virtue of settlement the Gift Deed dated 06.01.2015 executed by respondent No.2 in favour of the petitioners 1 and 2 stands affirmed. 5. Both parties on enquiry submit that settlement is arrived at by consent. 6. In the light of the settlement as reflected in the Joint memo, the same is taken note of. Petition is disposed off recording settlement in terms of the joint memo. Sd/- (S SUNIL DUTT YADAV) JUDGE SBN List No.: 1 Sl No.: 85