- 1 - HC-KAR NC: 2025:KHC:54214 WP No. 26143 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 26143 OF 2019 (GM-RES) BETWEEN: 1. MR N SHATHARATHNAM S/O MR.N.S.MARIDASS, AGED ABOUT 38 YEARS, RESIDING AT UNIT 16/31-33, 1ST AVENUE CAMPSIE NSW 2194, AUSTRALIA, PRESENTLY RESIDING AT NO.391, GROUND FLOOR, "B" BLOCK, 3RD MAIN, 3RD CROSS, AECS LAYOUT, BROOKE FIELD BANGLAORE-560037. …PETITIONER (BY SRI. SUBRAMANYA R FOR MANJUNATH N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, 5TH FLOOR, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, 2ND FLOOR, KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560009. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54214 WP No. 26143 of 2019 3. SRI N S MARIDASS S/O LATE N.PICHAIAH SAMUEL, AGED ABOUT 79 YEARS, RESIDING AT NO.391, "B" BLOCK, 3RD MAIN, 3RD CROSS, AECS LAYOUT, BROOKE FIELD, BANGALORE-560037. MOB:9886525071/9743306450 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R1 AND R2 SRI BR SRINIVASA GOWDA FOR R3) THIS W.P. FILED PRAYING TO CALL FOR RECORDS IN MSC/CR/45/18-19L BEFORE THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BANGALORE. QUASH THE ORDER DATED 12.06.2019 IN MSC/CR/45/18-19 PASSED BY THE R-2 - ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BANGALORE, VIDE ANNX-A. GRANT AN INTERIM ORDER TO STAY THE OPERATION OF ORDER DATED 12.06.2019 IN MSC/CR/45/18-19 BEFORE THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BANGALORE, VIDE ANNX-A, PENDING DISPOSAL OF THE ABOVE W.P. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:54214 WP No. 26143 of 2019 ORAL ORDER In this writ petition, petitioner is assailing the order dated 12.06.2019 (Annexure-A) passed by the respondent No.2. 2. Heard Sri Subramanya R, learned counsel appearing on behalf of Sri Manjunath, learned counsel for the petitioner, Sri B.R Srinivasa Gowda, learned counsel for respondent No.3 and Sri Mahantesh Shettar, learned AGA for respondents No.1 and 2. 3. Having taken note of the submission made by the learned counsel appearing for the parties, the subject matter in the impugned order (Annexure-A), wherein the respondent No.3 herein sought for cancellation of the registered gift deed dated 26.03.2003 and respondent No.2 by impugned order at (Annexure-A) has nullified the gift deed dated 26.03.2003 executed by respondent No.3 herein in favour of the petitioner herein. It is also forthcoming from the writ papers that the registered partition deed dated 08.10.2012 (Annexure-D), - 4 - HC-KAR NC: 2025:KHC:54214 WP No. 26143 of 2019 wherein the subject matter in the gift deed dated 26.03.2003 is also the subject matter in the partition deed at Annexure D to the writ petition, wherein the respondent No.3 is one of the executants to the deed of partition dated 08.10.2012 (Annexure-D). 4. In that view of the matter, I am of the view that respondent No.2 has ignored the deed of partition produced at Annexure-D to the writ petition. Accordingly, the impugned order dated 12.06.2019 (Annexure-A) is hereby quashed and the matter is remitted to the respondent No.2 to reconsider the issue afresh in the light of the observation made above, taking into consideration the partition deed dated 08.10.2012 and pass appropriate orders in accordance with law within an outer limit of three (03) months from the appearance of the parties. 5. In order to avoid further delay in the matter, as the parties are represented through their learned counsels, the parties are directed to appear before the respondent No.2 on 28.01.2026 at 3 p.m. - 5 - HC-KAR NC: 2025:KHC:54214 WP No. 26143 of 2019 6. It is also made clear that the interim order dated 28.03.2025 passed by this Court, directing the petitioner to pay Rs.10,000/- towards maintenance for respondent No.3 shall be continued till the conclusion of the proceedings by the respondent No.2. Sd/- (E.S.INDIRESH) JUDGE RJ List No.: 1 Sl No.: 45