- 1 - HC-KAR NC: 2025:KHC-D:8717 WP No. 105166 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.105166 OF 2023 (GM-RES) BETWEEN: NARAYAN, S/O. BASAVANNEPPA MATTUR AGE: 70 YEARS, OCC: AGRICULTURE, R/O. HANAGAL, DIST: HAVERI, NOW AT ISHWAR NAGAR, HANAGAL, DIST: HAVERI. …PETITIONER (BY SRI. ABHINANDAN M.GUNDAWADE, ADVOCATE) AND: 1. ADARSHA KUMAR, S/O. NARAYAN MATTUR, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. VIVEKANANDA NAGAR, INFRONT OF UDASI SAVITRAMMA KALYAN MANTAP, HANAGAL, DIST: HAVERI-581104. 2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, HAVERI-587301. 3. THE SENIOR CITIZEN MAINTENANCE AND WELFARE, LEGAL CELL AND ASSISTANT COMMISSIONER, SAVANUR, DIST: HAVERI-587301. …RESPONDENTS (BY SRI. KIRANKUMAR S.CHATTIMATH, ADVOCATE FOR R1 SRI. SHARAD V.MAGADUM, ADDL. GOVT. ADVOCATE FOR R2 AND R3) Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.07.19 10:11:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8717 WP No. 105166 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED ASSISTANT COMMISSIONER, HANGAL, ORDER DATED 12-08-2022, IN SENIOR CITIZEN NO.03:22-23 PRODUCED AT ANNEXURE-E AND SUBSEQUENTLY QUASH THE ORDER OF DEPUTY COMMISSIONER, HAVERI, IN M.A.G.Va.He NO. 148/2022-23 DATED 08-06-2023 PRODUCED AT ANNEXURE-G BY ALLOWING THE APPLICATION AT ANNEXURE-D1 AND TO PASS AN ORDER FOR PAYMENT OF MAINTENANCE TO THE PETITIONER OR TO VACATE THE PREMISES OF THE PROPERTY GIVEN TO THE RESPONDENT NO.1 AS STATED IN COMPROMISE DECREE OR TO SET ASIDE THE ORDER/DECREE DATED 12-08-2015 IN O.S.NO. 253/2015, ON THE FILE OF CIVIL JUDGE AND JMFC COURT, HANAGAL, BY HANDING OVER THE POSSESSION TO THE PETITIONER VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER The petitioner has challenged the order dated 12.08.2022 passed by respondent No.3 in case number bearing SeniorCitizen: Va.Hi:03:22-23, and the order dated 08.06.2023 passed by respondent No.2 in in No.MAG:Va.Hi: 148:2022-23. 2. i) The petitioner being the erstwhile owner of agricultural land, a residential house and sites including commercial complex in Hangal, bequeathed the same in favour of respondent No.1 on 14.06.2023. The petitioner claims that he had the fond hope that respondent No.1 would take care of - 3 - HC-KAR NC: 2025:KHC-D:8717 WP No. 105166 of 2023 him and his wife in the evening of their lives. He contends that respondent No.1, after obtaining the deed of gift, did not respond to the needs and necessities of the petitioner and his wife. He, therefore, approached respondent No.3 for cancellation of the gift deed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act of 2007’). ii) In the meanwhile, another son of the petitioner filed O.S. No.253/2015 before the Civil Judge and JMFC, Hangal, for partition and separate possession which included the properties which were bequeathed in favour of respondent No.1. In the said suit, a compromise was reported in terms of which it was agreed that respondent No.1 shall take care of the petitioner and his wife. Consequently, the suit was disposed off in terms of the compromise on 12.08.2015. iii) The petitioner contends that, despite the above, respondent No.1 disrespected the petitioner and did not meet the needs and necessities of the petitioner and his wife. On the contrary, respondent No.1 assaulted the petitioner when he questioned the acts of respondent No.1. He, therefore, initiated - 4 - HC-KAR NC: 2025:KHC-D:8717 WP No. 105166 of 2023 proceedings for cancellation of the gift deed before respondent No.3 under Section 23 of the Act of 2007. Respondent No.3 dismissed the said petition in terms of an order dated 12.08.2022 which was then challenged by the petitioner before respondent No.2 in No.MAG:Va.Hi: 148:2022-23. Respondent No.2 also dismissed it vide order dated 08.06.2023. Being aggrieved by the said orders, the petitioner is before this Court. 3. When this petition was taken up for final disposal, this Court suggested to the learned counsel for respondent No.1 to verify and ascertain from his client, whether he is willing to pay monthly maintenance to the petitioner and his wife. The learned counsel for respondent No.1 obtained instructions from respondent No.1 and submitted that respondent No.1 is willing to pay a sum of Rs.20,000/- every month towards maintenance of the petitioner and his wife. The learned counsel for the petitioner accepted the same and submitted that this writ petition may be disposed of directing respondent No.1 to pay monthly maintenance of Rs.20,000/-. He also contends that in the event respondent No.1 fails to pay the monthly maintenance, the petitioner should be permitted to - 5 - HC-KAR NC: 2025:KHC-D:8717 WP No. 105166 of 2023 collect it from the tenants occupying the premises that he had bequeathed in favour of respondent No.1. 4. In view of a settlement reported by the petitioner, respondent No.1 and his brother in O.S.No.253/2015, the petitioner was ill advised to initiate proceedings under the Act, 2007 for cancellation of the gift deed. However, this does not obliterate the right of the petitioner to claim maintenance from respondent No.1 for him and his wife during their lilfetime. The respondent No.1 was bound to comply with the terms of settlement reported in O.S.No.253/2015. Since it is claimed that respondent No.1 has neglected the petitioner and his wife, it is appropriate to direct respondent No.1 to pay Rs.20,000/- per month from the date of filing this petition. 5. In view of the above, this writ petition is disposed off in the following terms: i) The impugned order dated 12.08.2022 (Annexure-E) passed by respondent No.3 and upheld by respondent No.2 vide order dated 08.06.2023 (Annexure-G), are hereby confirmed, subject to the condition that respondent No.1 pays a sum of Rs.20,000/- to the petitioner for his - 6 - HC-KAR NC: 2025:KHC-D:8717 WP No. 105166 of 2023 maintenance as well as the maintenance of his wife with effect from 04.08.2023. ii) It is made clear that, if respondent No.1 fails to pay monthly maintenance by or before 1st of every month and arrears with effect from 04.08.2023 as stated above, the petitioner shall be entitled to collect the rents/arrears from the tenants who are occupying the premises bequeathed by the petitioner in favour of respondent No.1. Sd/- (R.NATARAJ) JUDGE KMS Ct:vh List No.: 38 Sl No.: 1