- 1 - HC-KAR NC: 2026:KHC:8258 WP No. 20115 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20115 OF 2021 (GM-RES) BETWEEN: SRI KANTHARAJ R.R., S/O R. RAMANNA, AGED ABOUT 54 YEARS, R/AT 'SRI KRISHNA', HIG 15, KHB COLONY, NEAR COURT, HARIHARA, HARIHARA TALUK, DAVANAGERE DISTRICT-577 601. …PETITIONER (BY SRI. ASHOK SESHAGIRI.,ADVOCATE FOR SRI. T. SESHAGIRI RAO., ADVOCATES) AND: 1. THE ASSISTANT COMMISSIONER SHIMOGA SUB DIVISION, SHIMOGA, SHIMOGA TALUK-577 201. 2. SRI R RAMANNA @ RAMASHETTY S/O LATE KANTHAPPA SHETTY, AGED ABOUT 93 YEARS, 3. SMT SHANTHAMMA W/O R RAMANNA, AGED ABOUT 86 YEARS, THE RESPONDENT NO.2 AND 3 ARE R/AT 'UTHAM NIVAS', 4TH CROSS, THILAK NAGAR, SHIMOGA TALUK, SHIMOGGA -577 201. …RESPONDENTS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8258 WP No. 20115 of 2021 (BY SMT. B.P. RADHA, AGA FOR R1; SRI. RENUKAPRASAD C.M.,ADVOCATE FOR R2 & R3 (VK NOT FILED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE ORDER DATED.27.09.2021 ONE PASSED BY THE R-1 IN S.C.C.R 14/2020-21 FOUND AT ANEXURE-A TO THE W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court being aggrieved by the Order dated 27.09.2021 passed by the respondent No.1- Assistant Commissioner, who in purported exercise of powers under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act') has set-aside an unregistered memorandum of gift dated 15.06.2012 purportedly executed by respondent No.3 in favour of her grandson one Sri. R.K. Krishna, gifting a sum of Rs.3,58,25,000/- and has also cancelled a registered deed of partition dated 17.08.2011 to the extent of 'B' schedule property falling to the share of the petitioner herein. 2. Learned counsel for the petitioner drawing attention of this Court to the Order passed by the Co-ordinate Bench of this - 3 - HC-KAR NC: 2026:KHC:8258 WP No. 20115 of 2021 Court in W.P.No.36601/2017 and 42708-709/2017 clubbed with W.P.No.21447/2017 dated 25.03.2019, submits that the issue with regard to the power and jurisdiction of the respondent No.1-Assistant Commissioner to set aside or vary a partition deed under Section 23 of the Act has been settled. In that, the partition deed cannot be considered as a transaction amounting to conveyance of the property for the purpose of Section 23 of the Act. Therefore, he submits the order passed by the respondent No.1-Assistant Commissioner to the extent setting aside the partition deed pertaining to the 'B' schedule property allotted to the petitioner is null and void. 3. As regards the other portion of the order of memorandum of gift purportedly executed by respondent No.3 in favour of her grandson Sri. R.K. Krishna, he submits that same was never the part of the proceedings before the respondent No.1-Assistant Commissioner and said Krishna was also not made party to the proceedings. 4. Be that as it is. Sri. Renukaprasad C.M., learned counsel for respondent Nos.2 and 3 submits that he has been instructed to appear in this matter. - 4 - HC-KAR NC: 2026:KHC:8258 WP No. 20115 of 2021 5. Heard and perused the records. 6. In the compliant before the respondent No.1-Assistant Commissioner, respondent Nos.2 and 3 who are the parents of petitioner herein have alleged that the petitioner herein has fraudulently and by misrepresenting, assuring them of being taken care on 17.08.2011 had obtained registered partition deed of certain properties and had thereafter neglected to take care of them. 7. Accepting the said contention, respondent No.1- Assistant Commissioner by the impugned order dated 27.09.2021 has cancelled the registered partition that had been entered into between the parties on 17.08.2011 and has further ordered to retransfer the property shown in 'B' Schedule to the deed of partition in the name of respondent Nos.2 and 3. In the light of the Order passed by the Co-ordinate Bench of this Court in W.P.No.36601/2017 and 42708-709/2017 clubbed with W.P.No.21447/2017 dated 25.03.2019, as rightly pointed out by the learned counsel for the petitioner, respondent No.1 has no power or jurisdiction either to entertain the matter pertaining to deed of partition or to cancel the same. Since the - 5 - HC-KAR NC: 2026:KHC:8258 WP No. 20115 of 2021 issue involved is pure question of law, which is settled as above, the following: ORDER (i) Petition is partly allowed. (ii) The Order dated 27.09.2021 passed by the respondent No.1-Assistant Commissioner to an extent setting aside the partition deed dated 17.08.2011, effecting allotment of 'B' Schedule property in favour of the petitioner is quashed. (iii) There is no challenge by the necessary party, namely Krishna, who appears to be the donee/recipient under the said deed. This Court refrains from passing any order thereon. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 20