- 1 - HC-KAR NC: 2026:KHC:31708 WP No. 25730 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25730 OF 2023 (GM-RES) BETWEEN: 1. SRI MONISH R S/O RAMACHANDRAPPA AGED BOUT 25 YEARS, 2. SRI. BHASKAR B S/O LATE C BYRAPPA, AGED ABOUT 48 YEARS, BOTH ARE R/AT CHOWDADENAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR TALUK PIN CODE - 563 133 …PETITIONERS (BY SRI. ASHOK B. PATIL, ADVOCATE) AND: 1. SMT JAYAMMA W/O LATE C BYRAPPA, AGED BOUT 83 YEARS, SINCE DECEASED, LRS OF R1 BOUGHT ON RECORD VIDE ORDER DATED 25.06.2026 1A. RAMACHANDRAPPA S/O. BYRAPPA AGED ABOUT 65 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31708 WP No. 25730 of 2023 R/AT CHOWDADENAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK - 563 133 1B. SHYAMANNA S/O. BYRAPPA AGED ABOUT 63 YEARS NO.113/B, NEAR ADITHYA LAB BANGARPET CIRCLE KOLAR - 563 101 1C. NARAYANAMMA W/O. NAGARAJ GOUDA AGED ABOUT 68 YEARS NO.786, PARK ROAD JAYANAGAR B BLOCK KOLAR - 563 101 1D. GAYATHRAMMA W/O. ASHWATH NARAYAN AGED ABOUT 61 YEARS YOGA TEACHER YOGA RUDA NILAYA TANK ROAD NEAR SHANKAR VIDYALAYA SCHOOL MASTHI BADAVANE KOLAR - 563 101 1E. SAVITHRAMMA W/O. M. NARAYANASWAMY AGED ABOUT 55 YEARS W/O. M. NARAYANASWAMY SRIKARA NIVASA 9TH CROSS, JAYANAGARA KOLAR - 563 101 - 3 - HC-KAR NC: 2026:KHC:31708 WP No. 25730 of 2023 1F. LAKSHMAMMA ALIAS RAMA W/O. SHANKAR B.C. AGED ABOUT 51 YEARS YOGA RUDA NILAYA TANK ROAD, NEAR SHANKAR VIDYALAYA SCHOOOL MASTHI BADAVANE KOLAR - 563 101 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR PIN CODE - 563 101 …RESPONDENTS (BY SRI. H.P. GANGESH GOWDA, ADVOCATE FOR R1(B, D & F) SRI. SRINIVAS KUMAR, HCGP OF R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TOSETTING ASIDE ORDER DATED 03/11/2023, VIDE ANNEXURE-A PASSED BY THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR IN ADMCR NO. 48/2022-23. GRANT AN INTERIM ORDER TO STAY OF THE IMPUGNED ORDER DATED 03/11/2023, VIDE ANNEXURE-A PASSED BY THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR IN ADMCR NO. 48/2022-23, PENDING FINAL ADJUDICATION OF THIS WP. - 4 - HC-KAR NC: 2026:KHC:31708 WP No. 25730 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner No.1 being the grandson and petitioner No.2 being one of the sons of deceased-respondent No.1 are before this Court being aggrieved by the order dated 03.11.2023 passed by the respondent No.3. In terms of which, deed of gift dated 18.08.2022 executed by deceased respondent No.1 in favour of the petitioners has been cancelled. 2. Learned counsel for the petitioners drawing attention of the Court to the petition filed by deceased- respondent No.1 before respondent No.3 the Assistant Commissioner produced at Annexure-D submits that the allegations made in the petition and the grounds urged seeking cancellation of the deed of gift was alleged fraud played by the petitioners on deceased respondent No.1 and it is not in conformity with requirement of Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short 'the Act'). - 5 - HC-KAR NC: 2026:KHC:31708 WP No. 25730 of 2023 3. He further submits that deceased respondent No.1 during her lifetime had filed a suit in OS No. 42 of 2023 much prior to initiating the proceedings before respondent No.3 and in the said suit, the petitioners as well as other heirs of respondent No.1 are parties and the said suit is still pending consideration. 4. The relief sought for in the said suit is comprehensive in nature including seeking cancellation of the deed of gift on the same allegation of fraud being exerted by the petitioners. Therefore, he submits respondent No.3 could not have in exercise of his purported powers under the Act and cancelled the deed of gift, accepting the allegation of fraud as made by respondent No.1. 4. Learned counsel for respondent Nos.1b, 1d, and 1f does not dispute the legal position that an Assistant Commissioner cannot cancel the deed of gift merely on the allegation of same having been obtained by fraud if the petition did not meet the requirement of Section 23 of the Act. He submits all questions be kept open to be urged and canvassed in the pending suit, the purpose and interest of the parties will be served and protected. - 6 - HC-KAR NC: 2026:KHC:31708 WP No. 25730 of 2023 5. Submission is taken on the record. 6. Accordingly, the following order is passed: ORDER (i) The writ petition is allowed. (ii) The order dated 03.11.2023 passed by the respondent No.3 - the Assistant Commissioner is quashed. It is made clear notwithstanding allowing of this petition, parties are at liberty to have their grievance redressed in the pending suit in OS No. 42 or 2023, which shall be disposed of in accordance with law not being influenced in any manner by the order passed by the Assistant Commissioner or by this court in this writ petition. All questions are kept open. In view of disposal of writ petition, pending IAs, if any, stands disposed of. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 12