- 1 - NC: 2025:KHC-D:5427 WP No. 101971 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101971 OF 2025 (GM-RES) BETWEEN: SMT. KASTURI W/O PRAKASH AMBIGER, AGE: 52 YEARS, OCC: HOUSEWIFE, R/AT: PLOT NO.283, SECTOR NO.47, NAVANAGAR, BAGALKOTE-587 103. … PETITIONER (BY SRI. ZANZA JOSHI, ADVOCATE FOR SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. SMT. BAGAWWA W/O TIPPANNA AMBIGER, AGE: MAJOR, OCC: NIL, R/AT: PLOT NO.283, SECTOR NO.47, NAVANAGAR, BAGALKOTE-587 103. 2. THE PARENTS AND SENIOR CITIZEN GUARDIANSHIP AND WELFARE TRIBUNAL, AT: BAGALKOTE-587 103, REP. BY ASSISTANT COMMISSIONER, AT BAGALKOT. 3. THE DISTRICT COLLECTOR'S COURT, AT BAGALKOTE-587 103, REP. BY DISTRICT COLLECTOR, AT BAGALKOT. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R3) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5427 WP No. 101971 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Zanza Joshi., counsel on behalf of Sri.Gouri Shankar Mot., for the petitioner and Sri.Praveen K.Uppar., AGA for respondent No.3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to set-aside the order dated:10.03.2023 passed by Respondent No.2 in No:HIRIYA:/NAGARIK/CR:56/2022-23 vide Annexure-D. 3. Counsel for the respective parties urged several contentions. 4. Counsel for the petitioner in presenting his arguments submits that the Tribunal is ill-equipped and is not a competent authority for deciding the dispute. As the issues involved are questions of fact and the same can only be decided by Competent Civil Court. He argued by saying that the third respondent dismissed the appeal of the petitioner without - 3 - NC: 2025:KHC-D:5427 WP No. 101971 of 2025 any reasoning and confirmed the order of the second respondent. Counsel vehemently contended that a suit is pending before the Additional Civil Judge and JMFC, Bagalkote in O.S.No.173/2023, wherein the same questions of fact are under challenge. Counsel therefore, submits that an appropriate order may be passed. 5. Heard the arguments and perused the Writ papers with care. 6. Suffice it to note that the petitioner assailed the order of the Assistant Commissioner before the Deputy Commissioner by filing an appeal under Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In view of decision of the Division Bench in W.A.No.254/2024 the appeal filed by the petitioner under Section 16 of the Act, was not maintainable. The Assistant Commissioner passed the order on 10.03.2023, however, the Writ Petition is filed in 2025. There is an inordinate delay. Moreover, the petitioner has initiated a civil action against the first respondent in O.S.No.173/2023 and the same is pending. - 4 - NC: 2025:KHC-D:5427 WP No. 101971 of 2025 It is a comprehensive suit and she can agitate her rights before the Civil Court. 7. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE CLK LIST NO.: 1 SL NO.: 11