- 1 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24191 OF 2024 (GM-RES) BETWEEN: 1. SMT REKHA W/O SIDDESHWARA B B AGED ABOUT 46 YEARS. 2. SIDDESHWARA B B S/O BETUR BASAPPA AGED ABOUT 49 YEARS BOTH ARE R/AT NO. 810/4 1ST STAGE, 2ND MAIN, 3RD CROSS SHIVAKUMARA SWAMY BADAVANE DAVANAGERE - 577002. …PETITIONERS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER CUM PRESIDING OFFICER THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF SENIOR CITIZENS AND PARENTS, DAVANAGERE - 577001. 2. SRI BASAARAJAPPA S/O SANNA HANUMANTAPPA AGED ABOUT 75 YEARS. 3. SMT RATNAMMA W/O S BASAVARAJAPPA AGED ABOUT 70 YEARS R2 AND R3 ARE R/AT TURCHAGHATTA VILLAGE DAVANAGERE TALLUK AND DISTRICT-577006. 4. UNION BANK OF INDIA (CORPORATION BANK) MANDIPETE BRANCH,DAVANAGERE-57704 REP BY ITS BRANCH MANAGER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 5. RELIANCE PROJECT AND PROPERTY MANAGEMENT SERVICE COMPANY AHMEDABAD, GUJARAT-361142. REP BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI.HAREESH BHANDARY T FOR C/R2 & R3 IN CP 11095/24 SMT. SARITHA KULKARNI, AGA FOR R1: SRI. MANU PRABHAKAR KULKARNI FOR R5: SMT. DIVYA PURANDAR, FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE FILE OF R-1 IN RESPECT OF THE PROCEEDINGS IN NO. HI.NA/CR/05/2024-25 DATED: 29.08.2024 AND B. QUASH THE ORDER IN NO. HI.NA/CR/05/2024-25 DATED: 29.08.2024 PASSED BY THE R-1 I.E., THE ASSISTANT COMMISSIONER, DAVANAGERE, PRODUCED AT ANNEXURE-A THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner No.1, daughter and Petitioner No.2, Son- in-law of Respondent Nos.2 and 3, are before this Court seeking for the following reliefs; a. Call for the entire records from the file of R-1 in respect of the proceedings in no. Hi.Na/CR/05/2024-25 dated: 29.08.2024 b. And may kindly be pleased to issue the writ of Certiorari by quashing the order in No. Hi.Na/CR/05/2024-25 dated: 29.08.2024 passed by the R1 i.e., the Assistant Commissioner, Davanagere, produced at Annexure-A. - 3 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 c. and grant such other orders or direction under the facts and circumstances of the case in the interest of justice and equity. 2. A gift deed having been executed by Respondent No.2 in favour of Petitioner No.1 on 12.10.2017, had been challenged in the proceedings under Sections 23(1) and 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Respondent No.1, who had cancelled the gift deed. It is challenging the same, the Petitioners are before this Court. 3. During the pendency of the above matter, the Petitioners and Respondent Nos.2 and 3 have arrived at a compromise. Affidavits have been filed in this regard by Petitioner No.1 and Respondent No.2. 4. Affidavit filed by Respondent No.2 reads as under: “AFFIDAVIT I, S.Basavarajappa S/o. Sanna Hanumanrtappa, aged about 75 years R/of Turchaghatta Village, Davanagere Taluk and District, today at Benglauru, do hereby solemnly swear and affirm on oath as under: - 4 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 1. I state that, I am the respondent No.2 in the above case respondent No-3 is my wife, I know the facts of the base Hence, I am swearing to this affidavit myself and on behalf of Respondent No.3 2. I state that I had filed the petition before the Respondent No:1/Assistant Commissioner U/sec 23(1) R/W 24 of welfare and maintenance of Senior Citizen and Parents Act-2007 to cancel the Gift deed dated 12-10-2017 in favour of the petitioner No-1 3. I further state that the Respondent No:1 had allowed my petition by his order dated 29-08-2024 and cancelled the Gift deed executed by me in favor of the petitioner which is challenged by the petitioners in the above petition, on 31-08-2024 this Hon'ble court has granted interim order of stay the order by staying the order of the Assistatne Commissioner/respondent No: 1. 4. further state that originally I had owned the landed property in Sy. No-72/1 in Turchaghatta village, measuring 01 acres 28 guntas, another landed property in Sy. No-73/2 Turchaghatta village, measuring 03 acres 04 guntas, I had availed the loan from Respondent No.4 bank by mortgaging all these properties. 5. I further state during the pendency of the bank loan, I had executed gift deed in respect of landed property in Sy.No.72.1 to an extent of 01 acre and 28 guntas and another property to an extent of 01 acre 24 guntas in favour of my elder daughter, now my elder daughter has reconveved both the properties in my favor by cancelling the gift deeds executed in her favor as she did not agree to take liability of repayment the loan and both properties are standing in my name. 6. I further state that I had executed another gift deed for 01 acre 20 guntas in favour of the petitioner No:1 (my younger daughter), due to some misunderstanding between me and my daughter- petitioner No:1, I had approached the Respondent No:1/ Assistant Commissioner seeking cancellation of gift deed. 7. I further state that with an intervention of the elders now we have come to a conclusion that I have retained both - 5 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 the properties recoveyed to me by my elder daughter and petitioner No:1 has agreed to re-pay the loan proportionate to the outstanding bank loan that is to an extent of 01 acre and 20 guntas out of the rents being received by R-5 and I am ready to re-pay the outstanding bank loan proportionate to my property that is to an extent of 03 acre and 12 guntas upon settlement with the 4th Respondent Bank by way one time settlement. The proposal for one time settlement by is being processed by the 4th Respondent Bank. 8. Wherefore, I pray that this Hon'ble court kindly may be pleased to dispose off the above petition by allowing the petitioner to enable the settlement with the Respondent No:4 bank in the interest of justice and equity. 9. I further declare that the contents of this affidavit are true and correct to the best of my knowledge, belief and information and this is my name and signature.” 5. Affidavit filed by Petitioner No.1 reads as under: “AFFIDAVIT I, Smt. Rekha W/o. Siddeshwara B.B., aged about 49 years, Occupation: Advocate, Residing at No.810/4, 1st stage, 2nd Main, 3rd Cross, Shivakumara Swamy Badavane, Davanagere, today at Bengaluru, do hereby solemnly swear and affirm on oach as under: 1. I state that, I am the petitioner No.1 in the above case, I know the facts of the case. Hence, I am swearing to this affidavit. 2. I state that my father-Respondent No:2 had filed the petition before the Respondent No. 1/Assistant Commissioner U/sec 23(1) R/w 24 of welfare and maintenance of Senior Citizen and Parents Act-2007 to cancel the Gift deed dated 12-10-2017 executed in my favour in respect of the property involved in the said gift deed. - 6 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 3. I further state that the Respondent No:1 had allowed the petition by his order dated 29-08-2024 and cancelled the Gift deed executed in my favor which is challenged by me in the above petition, on 31-08-2024 an interim order of stay has been granted. 4. I further state that originally my father had owned the landed property in Sy. No-72/1 in Turchaghatta village, measuring 01 acres 28 guntas, another landed property in Sy. No-73/2, Turchaghatta village, measuring 03 acres 04 guntas and he had availed the loan from Respondent No:4 bank by mortgaging all these properties. 5. I further state during the pendency of the bank loan, my father had executed gift deed in respect of the landed property in Sy. No:72/1 to an extent of 01 acre and 28 guntas and another property to an extent of 01 acre 24 guntas in favour of my elder sister, she has reconveyed both the properties in favor of my father by cancelling the gift deeds executed in her favor as she did not agree to take liability of repayment the loan and both properties are standing in the name of my father. 6. I further state that my father had executed another gift deed for 01 acre 20 guntas in my favor which is involved in the present petition 7. I further state that as the Bank has-Respondent No: 4 has initiated recovery proceedings, with an intervention of the elders now we have come to a conclusion that my father is intended to both the properties recoveyed to him by my elder sister and I have agreed to re-pay the loan proportionate to the outstanding bank loan that is to an extent of 01 acre and 20 guntas and my father has agreed to re-pay the outstanding bank loan proportionate to his properties that is to an extent of 03 acre and 12 guntas, upon settlement with the 4 Respondent Bank by way one time settlement. The proposal for one time settlement by is being processed by the 4th Respondent Bank, as I am receiving rend from R-5 pursuant order of this Hon’ble Court and undertatkes to abide by the lease deed dated 21.03.2023. - 7 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 8. Wherefore, I pray that this Hon'ble Court kindly may be pleased to dispose off the above petition by allowing the petition, to enable the settlement with the Respondent No.4 bank in the interest of justice and equity. 9. I further declare that the contents of this affidavit are true and correct to the best of my knowledge, belief and information and this is my name and signature.” 6. Respondent No.2 and Petitioner No. 1 are personally present before this Court. 7. On enquiry Respondent No.2 submits that the contents of the affidavit that have been filed are true and correct and that there is no undue influence, coercion, or the like which has been placed upon him. 8. His submission is that the entire property had been mortgaged to Respondent No.4-Bank to the extent of the property retained by Respondent No.2, he would make payment of the dues to Respondent No.4- Bank. 9. Petitioner No.1, who is present before this Court submits that insofar as the property which had been gifted to Petitioner No.1, Petitioner No.1 would be - 8 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 responsible to discharge the dues thereon proportionately to Respondent No.4. 10. Respondent No.5-Tenant, who is before this Court, submits that he has been making payment of the due rentals and would continue to make payment of the due rentals as regards the warehouse situated on the property now confirmed to be gifted to Petitioner No.1. 11. Both Respondent No.2, who is accompanied by his wife, Respondent No.3 and Petitioner No.1, who is accompanied by her husband-Petitioner No.2, submit that in terms of the affidavits which have been filed, the order passed by Respondent No.1-Assistant commissioner may be set aside and the gift deed confirmed as per the obligations undertaken by both the parties in the affidavits. 12. In view of the affidavits which have been filed, taking into consideration that the parties are before this Court and have confirmed the contents of the - 9 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 affidavit, the parties being represented by their respective legal counsel, who have confirmed the contents thereof, and the parties themselves having categorically stated that there is no undue influence, coercion, or the like which has been placed upon them, and they have filed affidavits of their own free will and volition, the said affidavits are accepted. On such acceptance, I pass the following: ORDER i) Writ petition is allowed. ii) The order dated 29.08.2024 passed by the Respondent No.1 in proceedings in No.Hi.Na./CR/05/2024-25 at Annexure-A is hereby quashed. Consequently, the Gift Deed continues to stand entitling Petitioner No.1 to exile the ownership rights in relation thereto. iii) The one-time settlement (OTS) proposal pending with Respondent No.4 on being crystallized. Petitioner No.1 and Respondent No.2 would be liable to make payment of the dues to Respondent No.4 in terms of their - 10 - HC-KAR NC: 2025:KHC:47395 WP No. 24191 of 2024 entitlement as per the affidavits which have been filed, that is to say that Petitioner No.1 would have to make payment proportionate to the extent gifted to Petitioner No.1, measuring 1 acre 20 guntas and Respondent No.2 would be obligated to make payment of the outstanding bank amounts proportionate to his retained share of property i.e., 3 acres 12 guntas. iv) The submission of learned counsel for Respondent No.4 that the original documents relating to property will be handed over to Respondent No.2 only after the entire dues are paid, is placed on record. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 4