- 1 - HC-KAR NC: 2025:KHC:41733 WP No. 49898 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.49898 OF 2019 (GM-RES) BETWEEN: 1. MRS. SHEELA S. W/O SRI.HARISH BABU AGED ABOUT 40 YEARS. 2. SRI. HARISH BABU S/O LATE N.G.RAMAIAH, AGED ABOUT 48 YEARS BOTH ARE R/AT SANYASIHALLI POST, BELUR TALUK, HASAN DISTRICT-573 115. …PETITIONERS (BY SRI. S. GANESH SHENOY, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB DIVISION, SAKLESHPURA NH-48, MANGALORE BANGALORE HIGH HASSAN, KARNATAKA-573 134. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41733 WP No. 49898 of 2019 2. B.K. NANJAMMA W/O LATE S.R. RAMAIAH AGED ABOUT 67 YEARS R/O CHENNAKESHAVA STREET, BELUR-573 115 ALSO C/O SYED ABDUL ALEEM, SHANKAR DEVARAPETE JP NAGAR, BELUR TALUK, HASAN DISTRICT-573 115. 3. THE TAHSILDAR BELUR TALUK-573 115. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 AND R3; SRI. ARUN KUMAR K., SENIOR ADVOCATE FOR SMT. SNEHA NAGARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 29.11.2018 PASSED IN PROCEEDINGS BEARING NO.176/2015- 16 BY THE RESPONDENT NO.1 AUTHORITY (ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41733 WP No. 49898 of 2019 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the Order dated 29.11.2018 (Annexure-A) passed in case No. R.A.176/2015-16 passed by respondent No.1. 2. Heard Sri. S. Ganesh Shenoy, learned counsel for the petitioners, Sri. Arun Kumar K., learned Senior Counsel appearing on behalf of Smt. Sneha Nagaraj, learned counsel for respondent No.2 and Sri. Mahantesh Shettar, learned Additional Government Advocate for respondent Nos.1 and 3. 3. It is argued by Sri. Ganesh Shenoy, learned counsel inviting the attention of the Court to the impugned order(Annexure-A), record of rights (Annexure-C), as well as the recitals in the Gift Deed dated 09.12.2010 (Annexure-B), and also emphasis was made on the amended plaint averments in O.S.No.114/2011 (Annexure-D) and the Judgment and Decree dated 01.02.2016 in O.S.No.114/2011 on the file of Civil Judge and JMFC at Belur (Annexure-E), contending that, the respondent No.1 has committed an error in not considering - 4 - HC-KAR NC: 2025:KHC:41733 WP No. 49898 of 2019 the Judgment and Decree passed by the competent Court in O.S.No.114/2011 and therefore, sought for interference of this Court. 4. Nextly, Sri Ganesh Shenoy, learned counsel, invited the attention of the Court by contending that the petitioners herein are not aware of the proceedings before the respondent No.1 and they have been placed ex-parte before the respondent - authority and therefore, sought for interference of this Court. 5. Per contra, Sri. Arun Kumar, learned Senior Counsel representing the respondent Nos.1 and 3, sought to justify the impugned order at Annexure-A and contended that, notice issued by respondent No.1 was served to the petitioner herein, however, he has been placed ex-parte and he remained absent and not been represented before the respondent No.1. It is also contended by the learned Senior Counsel appearing for respondent No.2, by inviting the attention of the Court to Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and argued that it is the duty of the petitioner herein to take care of maintenance of the respondent - 5 - HC-KAR NC: 2025:KHC:41733 WP No. 49898 of 2019 No.2 who has almost reached the age of 80 years and therefore, sought for interference of this Court. 6. Learned Additional Government Advocate sought to justify the impugned order. 7. In the light of the submissions made by the learned counsel appearing for the parties, though learned counsel for the petitioners emphasised on the merits of the case with regard to averments made in the plaint in O.S.No.114/2011 and the judgment and decree in O.S.No.114/2011 on the file of the competent Court as per Annexure-E, however, by looking into the impugned order at Annexure-A, wherein the petitioners herein have been placed ex-parte, and in that view of the matter, without going to the merits of the case, I am of the view that, the matter be remitted to respondent No.1 to reconsider the issue afresh after affording opportunity of hearing to both sides. 8. It is also made clear that it is open for both side parties to produce relevant documents before respondent No.1 if any and to contest the matter on merits. Accordingly, I pass the following: - 6 - HC-KAR NC: 2025:KHC:41733 WP No. 49898 of 2019 ORDER (i) The Writ Petition is allowed. (ii) The Order dated 29.11.2018 in case No.R.A.176/2015-16 (Annexure-A), on the file of respondent No.1 is hereby set aside and the matter is remanded to respondent No.1 to re-hear the matter afresh by affording opportunity of hearing to both sides. (iii) In order to avoid further delay in the matter, parties are directed to appear before the respondent No.1 on 10.11.2025 at 3.00 p.m. It is made clear that on appearance of the parties, respondent No.1 shall conclude the entire proceedings within outer limit of three months from the date of receipt of certified copy of this Order. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 29