SHRI DHANANJAYA K R v. SPECIAL DEPUTY COMMISSIONER I
WP/9925/2023 · 2026-06-16
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27675 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27675 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29403 WP No. 9925 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 9925 OF 2023 (GM-RES) BETWEEN:
SHRI DHANANJAYA K R AGED ABOUT 30 YEARS S/O. LATE SHRI. RAMAIAH R/AT NO. 106, BIG BANYAN TREE KOLURU, RAMOHALLLI, KENGERI, BENGALURU SOUTH BENGALURU - 560 060. …PETITIONER (BY SRI. RISHIKESH K.,ADVOCATE)
AND:
1.
SPECIAL DEPUTY COMMISSIONER-I BENGALURU DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL, BENGALURU - 560 009.
2.
THE CHAIRMAN THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS TRIBUNAL AND ASSISTANT COMMISSIONER, BANGALORE, SOUTH SUB-DIVISION, BANGALORE - 560 009.
3.
SMT. MAHADEVAMMA AGED ABOUT 62 YEARS W/O. LATE SHRI. RAMAIAH, R/AT NO. 108, KOLURU, RAMOHALLI, KENGERI,
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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BENGALURU SOUTH BENGALURU - 560 060.
4.
SMT. UMA R., W/O SRI. ESHWAR D/O LATE RAMAIAH AGED ABOUT 36 YEARS R/AT NO.8, THURAHALLI VILLAGE SUBRAMANYAPURA POST BENGALURU - 560 065.
5.
SMT. RENUKA K.R., W/O GANDADHAR B., AGED ABOUT 31 YEARS R/AT ANDRAHALLI VILLAGE ANDRAHALLI MAIN ROAD NEAR GANESHA TEMPLE VISHWANEEDAM POST BENGALURU - 560 091. …RESPONDENTS
(BY SRI. SRINIVAS KUMAR., HCGP FOR R1 TO R2 SRI. S.U. INDUDHARA., ADVOCATE FOR R4;
SRI. V.B. SHIVAKUMAR.,ADVOCATE FOR R3 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 05.04.2023 PASSED IN MAG (4)/SC/CR/36/2022-23 BY SPECIAL DEPUTY COMMISSIONER-I AS PER ANNX-A.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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ORAL ORDER
This writ petition is filed being aggrieved by the Order dated 05.04.2023 passed by Respondent No.1 under Section 16 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007, in terms of which, deed of gift dated 26.05.2020 executed by Respondent No.3 who is the mother of petitioner herein, in favour of her son-petitioner has been held to be null and void and same has been cancelled, with a direction to the revenue authority to take steps to restore the revenue entries. 2. Parties have arrived at amicable resolution of the dispute. Apart from the petitioner as a son, respondent No.3 has two daughters and they were impleaded as respondent No.4 and 5 respectively in the petition. 3. Petitioner, respondent Nos.3 to 5 are personally present before this Court, duly represented by their learned counsel. 4. It is submitted that parties pursuant to the amicable resolution of the dispute have filed a joint memo. Terms of the said Joint Memo dated 16.06.2026, read as under;
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JOINT MEMO (FILED JOINTLY ON BEHALF OF THE PETITIONER, RESPONDENT NO. 3 AND THE PROPOSED RESPONDENT NOS. 4 AND 5) The counsels undersigned humbly submit as under:
1. The Petitioner is the son, Respondent No. 3 is the mother, and the Proposed Respondent No. 4 and Proposed Respondent No. 5 are the daughters, and all of them are members of one and the same family. 2. Respondent No.1 and Respondent No. 2 are the official /statutory authorities arrayed in the above Writ Petition and are formal/ proforma respondents. No relief is sought against Respondent No. 1 and Respondent No. 2 under this Joint Memo, and they are not parties to the settlement recorded herein. 3. Respondent No.3 has filed an application for impleading dated 21.04.2026 seeking to bring the Proposed Respondent No. 4 and Proposed Respondent No. 5 on record as Respondent No. 4 and Respondent No. 5 in the above Writ Petition. The said application is pending consideration before this Hon'ble Court. The Proposed Respondent No.4 and Proposed Respondent No. 5 have joined in this Joint Memo as parties to the settlement. 4.
The parties hereto, being members of one family, have amicably and voluntarily settled all disputes, differences and claims amongst themselves, including the disputes forming the subject matter of the above Writ Petition, and have reduced the terms of the said settlement into a Joint Memo. 5. The terms of the settlement arrived at between the parties, as recorded in the said Family Settlement Deed, are as follows: (1) Total property covered under the settlement
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The total extent of agricultural / family property involved in this settlement is 02 Acres 04.5 Guntas, situated at Chikkaluru Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District, bearing Sy.No.98/4 and Sy.No.98/5. Survey No. Total Extent Sy.No.98/5 01 Acre 38.5 Guntas Sy.No.98/4 00 Acres 06 Guntas Total 02 Acres 04.5 Guntas
The proposed survey sketch dated 16-08-2025, prepared by Survey Consultant Sri Venkatesha, shall be attached to this settlement as Annexure-1 and shall form part of this settlement. (2) Property standing in the name of the mother and family re-arrangement Out of the above property, an extent of 06 Guntas in Sy.No.98/4, presently standing / treated in the name of Smt. Mahadevamma, is re-arranged among the family members as per the latest survey sketch. As per the survey sketch, Sy. No.98/4 measuring 06 Guntas is divided as follows: Party Extent in Sy.No.98/4 Smt. R. Uma W/o Sri Easwar 00 Acres 03.22 Guntas Smt. Renuka W/o Sri Gangadhar 00 Acres 01 Gunta Smt. Mahadevamma and Sri Dhananjaya K.R. jointly 00 Acres 01.78 Guntas Total 00 Acres 06 Guntas
Accordingly, after this settlement, the portion shown jointly in the name of Smt. Mahadevamma and Sri Dhananjaya K.R. shall stand in their joint ownership, possession and
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enjoyment. During the lifetime of Smt. Mahadevamma, Sri Dhananjaya K.R. shall look after her welfare, care, residence, medical needs, food, daily needs, safety and maintenance.
(3) Colour identification as per survey sketch The parties agree that the respective shares are identified in the proposed survey sketch by colour as follows: Sl. No. Name of Party Extent Colour in Sketch 1 Smt. R. Uma W/o Sri Easwar 00 Acres 06 Guntas Blue / Sky Blue 2 Smt. Renuka W/o Sri Gangadhar 00 Acres 06 Guntas Pink/Mage nta 3 Smt. Mahadevamma and Sri Dhananjaya K.R. jointly 01 Acre 32.5 Guntas Un coloured /White (Part-1)
Grand Total 02 Acres 04.5 Guntas
The colour marking is only for identification of the respective portions. Final boundaries, measurements, access, road portion, phodi, durasthi, 11E sketch, mutation and revenue entries shall be subject to official survey and confirmation by the competent Survey and Revenue Authorities. (4) Share of Smt. R. Uma Smt. R. Uma, W/o Sri Easwar, shall be allotted a total extent of 00 Acres 06 Guntas. Survey No. Extent Allotted Sy.No.98/5 00 Acres 02.78 Guntas Sy.No.98/4 00 Acres 03.22 Guntas Total 00 Acres 06 Guntas
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This portion is shown in the survey sketch as the Blue / Sky Blue coloured portion allotted to Smt. R. Uma W/o Sri Easwar. Smt. R. Uma shall have right, possession and enjoyment over the said allotted portion, subject to registration, official survey, phodi, durasthi, 11E sketch, mutation and revenue records. (5) Share of Smt. Renuka Smt. Renuka, W/o Sri Gangadhar, shall be allotted a total extent of 00 Acres 06 Guntas. Survey No. Extent Allotted Sy.No.98/5 00 Acres 05 Guntas Sy.No.98/4 00 Acres 01 Gunta Total 00 Acres 06 Guntas
This portion is shown in the survey sketch as the Pink / Magenta coloured portion allotted to Smt. Renuka W/o Sri Gangadhar. Smt. Renuka shall have right, possession and enjoyment over the said allotted portion, subject to registration, official survey, phodi, durasthi, 11E sketch, mutation and revenue records. (6) Joint share of Smt. Mahadevamma and Sri Dhananjaya K.R. The remaining agricultural/ family property shall remain in the joint name, ownership, possession and enjoyment of (1) Smt. Mahadevamma, W/o Sri Ramalah; and (ii) Sri Dhananjaya K.R., S/o Sri Ramaiah. Their joint share is 01 Acre 32.5 Guntas.
Survey No. Extent Allotted Sy.No.98/5 01 Acre 30.72 Guntas Sy.No.98/4 00 Acres 01.78 Guntas Total 01 Acre 32.5 Guntas
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This portion is shown in the survey sketch as the Uncoloured /White portion marked as Part-I, allotted jointly to Smt. Mahadevamma W/o Ramaiah and Sri Dhananjaya K.R. S/o Ramaiah. The said joint property shall include agricultural land, access rights, easementary rights and all appurtenant rights attached to the property. (7) Final share summary
Sl. No Name of Party Extent Colour in Sketch 1 Smt. R. Uma W/o Sri Easwar 00 Acres 06 Guntas Blue / Sky Blue 2 Smt. Renuka W/o Sri Gangadhar 00 Acres 06 Guntas Pink/Magenta 3 Smt. Mahadevamma and Sri Dhananjaya K.R. jointly 01 Acre 32.5 Guntas Uncoloured /White (Part-1)
Grand Total 02 Acres 04.5 Guntas
(8) 25 x 40 feet residential house at Koluru / Kuloru Village
The parties specifically declare and confirm that the residential house property measuring 25 feet x 40 feet, situated at Koluru / Kuloru Village, belongs to Sri Dhananjaya K.R. The said 25 x 40 feet residential house property shall be the separate property of Sri Dhananjaya K.R.
Smt. R. Uma and Smt. Renuka hereby declare and agree that they have no right, title, share, interest, possession, inheritance claim or future claim over the said 25 x 40 feet residential house property situated at Koluru / Kuloru Village. The daughters shall possession, not claim partition, maintenance, compensation, injunction, revenue entry, khata, mutation, inheritance or any other right over the said residential house property in future. (9) Care, maintenance and welfare of mother
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Sri Dhananjaya K.R. confirms and undertakes that he shall take care of Smt. Mahadevamma during her lifetime. He shall provide necessary support for her food, medicine, medical treatment, daily needs, residence, safety, welfare, senior citizen care and peaceful living.
Smt. Mahadevamma shall have full right to live peacefully and respectfully in the residential arrangement provided for her during her lifetime. The daughters, namely Smt. R. Uma and Smt. Renuka, shall support the above cause of care, maintenance, safety, welfare and peaceful living of their mother Smt. Mahadevamma. The daughters shall not create any obstruction, disturbance, pressure, complaint, misunderstanding, interference or dispute against the care and maintenance arrangement made by Sri Dhananjaya K.R. for Smt. Mahadevamma. The daughters shall cooperate for the peaceful living, medical needs, emotional support, dignity and safety of Smt. Mahadevamma, and shall not act in any manner which affects the welfare, residence, maintenance or peaceful life of Smt. Mahadevamma. No party shall cause disturbance, pressure, harassment or obstruction to the peaceful life, residence, health, safety and dignity of Smt. Mahadevamma. (10) Mother's property, civil, financial and personal rights to be under son's management
Smt. Mahadevamma hereby voluntarily declares, confirms and agrees that, from the date of execution of this settlement, all her rights, interests, benefits, management powers, possession rights, enjoyment rights and beneficial interests relating to her share / joint share in the family property shall belong to and be held, managed, enjoyed and exercised by her son Sri Dhananjaya K.R.
All property-related, civil and financial matters of Smt. Mahadevamma, including nominee rights in bank accounts, financial benefits, movable assets, immovable property interests, revenue records, tax records, family property documents, legal documents and other related matters, shall hereafter be under the care, custody, management and control of Sri Dhananjaya K.R.
The daughters, namely Smt. R. Uma and Smt. Renuka, shall not interfere in the said rights, management, possession, enjoyment, civil matters, financial matters or property-related matters of Smt. Mahadevamma and Sri Dhananjaya K.R. However, Sri Dhananjaya K.R. shall maintain and take care of
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Smt. Mahadevamma during her lifetime as per the terms of this settlement.
(11) Monthly maintenance amount to Smt. Mahadevamma
Sri Dhananjaya K.R. shall pay a monthly maintenance amount of Rs.10,000/- (Rupees Ten Thousand only) to Smt. Mahadevamma for her regular monthly expenses. The said amount shall include her ordinary expenses towards food, clothing, medicines, routine medical expenses, personal needs, daily expenses and other regular maintenance requirements. The said amount shall be paid on or before the 5th day of every calendar month. The parties agree that the said monthly amount of Rs.10,000/- shall be treated as the agreed regular monthly maintenance amount, and no additional regular monthly amount shall be demanded from Sri Dhananjaya K.R., except if otherwise ordered by a competent Court / Tribunal /Authority or mutually agreed in writing. The said amount shall be used only for the welfare, personal needs and maintenance of Smt. Mahadevamma. No party shall misuse, divert, forcefully take, misappropriate or interfere with the said amount. (12) Temporary rented house and future reconstruction of house
The parties agree that the house at Koluru / Kuloru Village shall be reconstructed by Sri Dhananjaya K.R. within five years, or as early as possible, depending upon his financial capacity, permissions, family circumstances and practical feasibility. Until such reconstruction is completed and the house becomes fit for residence, Smt. Mahadevamma shall reside in the rented /leased house arranged for her accommodation. The parties acknowledge that a separate lease / rental arrangement has already been made for the residence of Smt. Mahadevamma, wherein Smt. Bhagya is the owner / rent receiving person and Sri Dhananjaya K.R. and Smt. Mahadevamma are shown as tenants / occupants, and the purpose of the said arrangement is only to accommodate Smt. Mahadevamma and to provide her peaceful residence. The lease / rental arrangement, lease amount, period, rent, maintenance conditions and other terms shall be governed by the separate lease / rental agreement already executed / to be executed between the concerned parties. - 11 -
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Smt. Mahadevamma shall continue to stay peacefully in the rented house until the Koluru / Kuloru Village house is reconstructed or until any other suitable residential arrangement is made by Sri Dhananjaya K.R.
(13) Management and development rights of son
Sri Dhananjaya K.R. shall have the right to cultivate, manage, maintain, improve and develop the joint property standing in the name of himself and Smt. Mahadevamma.
He may undertake agricultural development, residential construction, land improvement, layout formation, commercial use, lease, licence, temporary possession arrangement and other lawful development activities. The son shall have authority to undertake such day-to-day management, cultivation, improvement, construction, leasing, licensing and temporary possession arrangements without requiring separate prior permission of Smt. Mahadevamma for each such act. However, all such acts shall be subject to applicable law, required permissions from competent authorities, and the condition that the residence, maintenance, dignity, safety and peaceful living rights of Smt. Mahadevamma shall not be affected. The son shall obtain all required statutory permissions wherever applicable, including land conversion, planning approval, building licence, tax compliance, road access permission, layout approval and other permissions from competent authorities. (14) Restriction on sale / permanent transfer during lifetime of mother
During the lifetime of Smt. Mahadevamma, Sri Dhananjaya K.R. shall not sell, mortgage, gift, release, exchange, permanently transfer or alienate the joint property without the free written consent of Smt. Mahadevamma. Any permanent transfer shall be made only through a legally valid registered document.
(15) Absolute rights of Sri Dhananjaya K.R. after the lifetime of Smt. Mahadevamma
The parties hereby clearly declare, confirm and agree that after the lifetime / demise of Smt. Mahadevamma, all rights, title, interest, possession, enjoyment, management and ownership over the joint property standing in the name of Smt. Mahadevamma and Sri Dhananjaya K.R., measuring 01
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Acre 32.5 Guntas, together with all appurtenant rights, access rights, easementary rights, development rights and future benefits, shall vest absolutely and exclusively with Sri Dhananjaya K.R.
After the lifetime of Smt. Mahadevamma, Sri Dhananjaya K.R. shall become the full and absolute owner of the said joint property, and he shall have complete right to possess, enjoy, cultivate, manage, develop, construct, lease, licence, sell, mortgage, gift, release, transfer, alienate, convert, form layout, obtain approvals, obtain khata, mutation, revenue entries and deal with the said property in any lawful manner as absolute owner. The daughters, namely Smt. R. Uma and Smt. Renuka, and any other persons claiming through them or under them, shall not have any right, title, share, interest, inheritance, partition claim, possession claim, maintenance claim, objection or future claim over the said joint property after the lifetime of Smt. Mahadevamma. The parties further declare that the daughters have already received their respective shares of 06 Guntas each under this settlement and therefore they shall not claim any further right over the remaining property retained by Smt. Mahadevamma and Sri Dhananjaya K.R.
After the lifetime of Smt. Mahadevamma, if Sri Dhananjaya K.R. applies before any Revenue Authority, Survey Authority, Panchayat Authority, Sub-Registrar, Planning Authority, Court, Tribunal, Government Department or any other competent authority for mutation, khata, RTC entry, phodi, durasthi, 11E sketch, conversion, building licence, layout approval, transfer, correction, confirmation or any other lawful record / permission in respect of the said property, the other parties and their legal heirs shall not raise any objection.
All competent authorities may consider and act upon this settlement, subject to applicable law, official records, statutory procedure and orders of competent Court / Authority. This settlement shall be treated as the final, complete and conclusive arrangement between the parties for giving effect to the absolute rights, ownership, possession, enjoyment, mutation, khata, revenue entries, development rights and all future lawful rights of Sri Dhananjaya K.R.
No further affidavit, consent, release deed, confirmation deed, no-objection certificate, mutation consent, declaration or any other registered or unregistered document shall be required from Smt. R. Uma, Smt. Renuka or any future for giving effect to the absolute rights of Sri Dhananjaya K.R. No party
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shall raise any objection, dispute, claim or demand for execution of any further document contrary to this settlement. This clause shall be subject to applicable law, statutory procedure and orders of any competent Court or Authority. (16) Road access condition
The parties acknowledge that an existing 20 feet road / access road is shown in the survey sketch. The portions allotted to Smt. R. Uma and Smt. Renuka shall have access through the said existing road. The daughters shall have only access rights through the road for ingress and egress to their allotted portions. They shall:
(a) not claim exclusive ownership over the road;
(b) not block, obstruct, close or encroach upon the road;
(c) not object if the road is acquired, widened, regularised or taken over by Government / PWD / any competent authority in future;
(d) not create any internal family dispute regarding the road;
(e) use the road only for lawful access and movement. (17) Non-disparagement and family dignity clause
All parties shall maintain peace, respect and dignity towards each other. No party shall speak ill of, insult, abuse, defame, shame, humiliate, threaten, harass or make bad statements against any other party before relatives, villagers, neighbours, public persons, authorities, social media, electronic media or any other forum. No party shall make scandalous, defamatory, shaming, false, provocative or damaging statements against the character, conduct, family status, property rights or personal dignity of any other party. The parties shall not unnecessarily discuss internal family matters, property settlement issues, personal disputes or financial matters with outsiders, except before forums where such disclosure is necessary.
Any communication advocates, competent authorities, mediators, Courts or lawful between the parties shall be made peacefully and respectfully, without abusive words, threats, pressure, harassment or humiliation. (18) Release deed, gift deed and pending civil case
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The parties acknowledge that the following documents/proceedings are connected with the family property dispute: (i) Release Deed dated 28-08-2020 executed by Smt. Mahadevamma; (ii) Gift Deed dated 26-05- 2020; and (iii) O.S.No.321/2021 pending before the Hon'ble Principal Court, Magadi, relating to partition / family property dispute. In view of the present family settlement, all parties agree that the above Release Deed, Gift Deed and the claims made in O.S.No.321/2021 shall be settled, withdrawn, cancelled, confirmed, modified or set aside, as the case may be, strictly in accordance with law. The parties shall cooperate for giving effect to this settlement before the Sub-Registrar, Court, Revenue Authority or any competent authority wherever required by law. The parties shall file / support necessary compromise petition /memo before the Hon'ble Court in O.S.No.321/2021, requesting the Court to record the compromise and dispose of the case in terms of this family settlement, subject to the satisfaction and orders of the Hon'ble Court. No party shall continue or initiate any further claim contrary to this family settlement after execution, registration and Court compromise, except for enforcement of the terms of this settlement. (19) Finality of this settlement
This settlement shall be treated as the final and complete settlement between the parties in respect of the properties, rights, shares, maintenance terms, future claims, road access pending disputes and family arrangements mentioned herein. No party shall demand any further family partition, fresh settlement, separate consent, additional declaration, fresh release, further no-objection certificate or additional family confirmation in respect of the properties and rights settled hereunder. If any authority requires any procedural formality under law, the same shall be treated only as a procedural requirement and shall not give any party a fresh right to reopen, object to or alter the terms of this settlement.
(20) Waiver of future claims by daughters
Smt. R. Uma and Smt. Renuka declare that they have voluntarily accepted their respective shares under this settlement. After receiving their allotted portions:
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(a) they shall not claim any further right, title, share, interest, inheritance, partition or possession in the remaining property belonging to Smt. Mahadevamma and Sri Dhananjaya K.R.;
(b) they shall not claim any right, title, share, interest, inheritance, partition or possession over the 25 x 40 feet residential house property situated at Koluru / Kuloru Village, which belongs to Sri Dhananjaya K.R.;
(c) they shall not claim any right, share, interest, benefit, inheritance, financial claim, nominee claim, movable property claim, immovable property claim, civil right, bank benefit, document, compensation, amount or any other claim relating to Smt. Mahadevamma, her properties, her civil rights, her financial matters, her movable or immovable assets, or any matter connected with Smt. Mahadevamma;
(d) they shall not object to the possession, enjoyment, cultivation, management or lawful development of the joint property by Sri Dhananjaya K.R.;
(e) they shall not file any case, objection, complaint or claim before any Court, Tribunal, Revenue Authority, Panchayat, Government Department or any other authority regarding the remaining property or any matter relating to Smt. Mahadevamma and Sri Dhananjaya K.R.;
(f) they shall not challenge this settlement before any Court, Tribunal, Revenue Authority or Government Authority;
(g) they shall not disturb the peaceful possession and enjoyment of the joint property by Smt. Mahadevamma and Sri Dhananjaya K.R.;
(h) they shall not interfere in the care, maintenance, residence, financial management, civil matters, personal matters or of Smt. property-related matters Mahadevamma, which are placed under the management and responsibility of Sri Dhananjaya K.R. as per this settlement. (21) Remedy in case of violation and bar against personal agenda claims
All parties agree that this settlement is final and binding upon them.
No party shall go against, challenge, disturb, misuse, reopen or object to this settlement for personal agenda, personal grudge, pressure, harassment, family rivalry, financial demand or any other unnecessary reason. No party shall file false, vexatious, unnecessary or motivated complaints, objections, cases, petitions or representations
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before any Court, Tribunal, Revenue Authority, Panchayat Authority, Police Authority, Government Department or any other authority against this settlement or against any party acting in accordance with this settlement. However, if any party actually violates, breaches, disobeys or acts contrary to any clause, condition, undertaking or obligation mentioned in this settlement, the affected / aggrieved party shall be at liberty to approach the concerned Court, Tribunal, Revenue Authority, Survey Authority, Panchayat Authority, Sub-Registrar, Police Authority, Senior Citizens Tribunal or any other competent authority for necessary lawful relief. The right to approach Court or authority shall be available only for genuine violation, enforcement of this settlement, protection of rights, prevention of interference, mutation / revenue correction, injunction, maintenance-related relief or any other lawful remedy. No party shall object to the right of the aggrieved party to approach the competent authority or Court in case of genuine violation of this settlement. Any such legal action shall be subject to applicable law, jurisdiction, limitation, statutory procedure and orders of the competent Court or Authority. (22) Revenue and registration formalities
All parties shall cooperate for registration of the Family Settlement Deed, survey demarcation, phodi, durasthi, 11E sketch, RTC correction, mutation, khata transfer, tax records, road access entries if required, and other lawful revenue formalities. Revenue entries shall be made as per the registered document, official survey and orders of competent authorities. Mutation and khata entries shall be for revenue and tax purposes and shall not override registered title, official survey records, court orders or statutory rights. (23) Boundary and measurement condition
The above sharing is made as per the proposed survey sketch dated 16-08-2025. Final boundaries, measurements, road access, phodi, durasthi, 11E sketch, mutation and revenue entries shall be subject to confirmation by the competent Survey and Revenue Authorities.
If there is any minor variation in measurement during official survey, the parties shall cooperate for necessary correction without creating family dispute, provided the overall intention of this settlement is protected. (24) Effect of this settlement
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This settlement shall be acted upon by all parties in good faith. Wherever any earlier deed, document, revenue entry, claim, case, objection or family arrangement is inconsistent with this settlement, the parties shall cooperate to bring the records in conformity with this settlement by obtaining necessary orders from the competent Court / Revenue Authority / Sub-Registrar, wherever required by law. This settlement shall not be used to illegally defeat any registered document, Court
order or statutory requirement. All corrections, cancellations, mutations and case closures shall be done only through lawful procedure. (25) Free consent
All parties declare that this settlement has been entered into voluntarily, with full knowledge and understanding, without force, fraud, coercion, pressure, threat, undue influence or misrepresentation. The contents of this settlement have been read over and explained to all parties in the language known to them, and all parties admit the same to be true and correct. (26) Binding effect
This settlement shall be binding on all parties, their legal heirs, representatives, successors, assigns and persons claiming through them. SCHEDULE OF PROPERTIES
SCHEDULE-A: Total Family Agricultural Property
All that piece and parcel of land bearing Sy.No.98/4 and Sy. No.98/5, totally measuring 02 Acres 04.5 Guntas, situated at Chikkaluru Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District, together with all rights, access, easements and appurtenant rights attached thereto. Survey No. Total Extent Sy.No.98/5 01 Acre 38.5 Guntas Sy.No.98/4 00 Acres 06 Guntas Total 02 Acres 04.5 Guntas
SCHEDULE-B: Share of Smt. R. Uma w/o Sri Easwar (00 Acres 06 Guntas)
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Survey No. Extent Sy. No.98/5 00 Acres 02.78 Guntas Sy.No.98/4 00 Acres 03.22 Guntas Total 00 Acres 06 Guntas
This portion is shown in the survey sketch as the Blue / Sky Blue coloured portion allotted to Smt. R. Uma W/o Sri Easwar. SCHEDULE-C: Share of Smt. Renuka W/o Sri Gangadhar (00 Acres 06 Guntas)
Survey No. Extent Sy. No.98/5 00 Acres 05 Guntas Sy.No.98/4 00 Acres 01 Gunta Total 00 Acres 06 Guntas
This portion is shown in the survey sketch as the Pink / Magenta coloured portion allotted to Smt. Renuka W/o Sri Gangadhar. SCHEDULE-D: Joint Share of Smt. Mahadevamma and Sri Dhananjaya K.R. (01 Acre 32.5 Guntas)
Survey No. Extent Sy.No.98/5 01 Acre 30.72 Guntas Sy.No.98/4 00 Acres 01.78 Guntas Total 01 Acre 32.5 Guntas
This portion is shown in the survey sketch as the Uncoloured /White portion marked as Part-I, allotted jointly to Smt. Mahadevamma W/o Ramalah and Sri Dhananjaya K.R. S/o Ramaiah. After the lifetime of Smt. Mahadevamma, this Schedule-D property shall vest absolutely and exclusively with Sri Dhananjaya K.R., and the daughters or any other parties claiming through them shall have no further right over the same.
SCHEDULE-E: Separate Residential House Property of Sri Dhananjaya K.R.
All that piece and parcel of residential house property measuring 25 feet x 40 feet, situated at Koluru / Kuloru Village, together with all structures, appurtenant rights, access rights, improvements, future reconstruction rights and all lawful enjoyment rights attached thereto. The said
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HC-KAR NC: 2026:KHC:29403 WP No. 9925 of 2023
residential house property belongs to Sri Dhananjaya K.R. exclusively. Smt.R.Uma and Smt. Renuka shall have no right, title, share, interest, possession, inheritance claim or future claim over the said residential house property. ANNEXURE-1
Proposed Survey Sketch dated 16-08-2025 prepared by Survey Consultant Sri Venkatesha, showing the division of land bearing Sy.No.98/4 and Sy.No.98/5, situated at Chikkaluru Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District. The colour marking shown in Annexure-1 shall be used only for identification of the respective shares. Final boundaries, measurements and road access shall be subject to official survey, phodi, durasthi, 11E sketch, mutation and confirmation by the competent Survey and Revenue Authorities. WHEREFORE, the counsels for both the parties humbly request to take the memo along with the annexure on record and settle the captioned matter in the interest of justice and equity."
5. The petition is also enclosed with a survey sketch delineating the portions of land which are divided and distributed amongst petitioner, respondent No.3 on the one hand and respondent Nos.4 and 5 on the other hand. 6. On a query by this Court, respondent No.3 has expressed her satisfaction to the terms of the Joint Memo. Respondent Nos.4 and 5 have also confirmed to the terms of understanding. This Court is satisfied that the parties have understood the terms of the compromise. That apart the petitioner who is presently working as a Panchayath
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Development Officer of Kagalipura has in unequivocal terms agreed that he would pay and continue to pay Rs.10,000/- per month to his mother. That apart from Rs.10,000/- he has undertaken to provide and cater to her medical and other essential requirements including providing the house/payment of rent. 7.
It is made clear should there be any laxity on the part of the petitioner in providing these undertakings, the respondent No.3 is entitled to seek appropriate order. With the above observation, petition is disposed of in terms of Joint Memo. Sd/- (M.G.S. KAMAL) JUDGE
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