- 1 - HC-KAR NC: 2026:KHC:34597 WP No. 26237 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26237 OF 2023 (GM-RES) BETWEEN: SMT. H.L. POORNACHANDRA W/O LATE KARIBASAPPA, AGED ABOUT 64 YEARS, R/A NO 126/1, OPP BASAVANNA TEMPLE, WARD NO 21, ARALEPETE, MAGADI TOWN, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120. …PETITIONER (BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER RAMANAGAR DISTRICT, RAMANAGARA - 562 159. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA DISTRICT - 562 159. 3. SMT. SHURTHI D/O LATE KARIBASAPPA, W/O GIRISH B.A. R/A NO. 2900, WARD NO 9, BEHIND BASAVANNA TEMPLE, HOSAPETE, MAGADI TOWN, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34597 WP No. 26237 of 2023 MAGADI TALUK, RAMNAGARA DISTRICT - 562 120. 4. SMT. SWAPNA D/O LATE KARIBASAPPA W/O RENUKAPRASAD AGED ABOUT 38 YEARS R/AT NO. 66, RENUKA NILAYA 2ND MAIN ROAD, 1ST STAGE AGB LAYOUT, MAHALAKSMIPURAM BENGALURU - 560 086. 5. SMT. JYOTHI D/O LATE KARIBASAPPA, W/O YOGENDARA, AGED ABOUT 36 YEARS, R/AT NO. 35, MOKSHA, 2ND FLOOR, 2ND CROSS, AMBANAGAR, CHIKKABANNAVAR, BENGALURU - 560 090. …RESPONDENTS (BY SRI. SRINIVAS KUMAR M, HCGP FOR R1 AND R2; SRI. S. NAGESH, ADVOCATE FOR CAV/R3; SRI. V.R. DATAR, ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 26.10.2023 PASSED BY THE R-1 IN CASE NO. MIS/PETITION/SENIOR CITIZEN/02/2022-23 VIDE ANNX-G AND TO UPHOLD THE DECISION OF THE R-2 DTD 12.12.2022 IN CASE N O. SENIOR CITIZEN MSC/CR 11/2022- 23 VIDE ANNX-D AND ETC., - 3 - HC-KAR NC: 2026:KHC:34597 WP No. 26237 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 This writ petition was filed by one Smt.H.L.Poornachandra aggrieved by the order dated 26.10.2023 passed by respondent No.1- Deputy Commissioner by which the respondent No.1- Deputy Commissioner had set aside the Order dated 12.12.2022 passed by respondent No.2 - Assistant Commissioner. 2. The petitioner herein had invoked provisions of Section 7 and 8 r/w Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against respondent No.3 herein seeking cancellation of deed of gift dated 12.04.2013. The Assistant Commissioner had allowed the said application and cancelled the gift deed. Upon the appeal filed by respondent No. 3, the Deputy Commissioner has reversed the said order. Against which the present petition is filed. 3. It is submitted that the petitioner - Smt.H.L.Poornachandra passed away on 13.04.2024. A memo - 4 - HC-KAR NC: 2026:KHC:34597 WP No. 26237 of 2023 dated 04.07.2024 is filed stating that the legal representative of the petitioner being her children, namely the respondent Nos. 3, 4 and 5 being her daughters are already on record and a request is made to transpose respondent Nos. 3 to 5 as the petitioners. It is also submitted that subsequent to order of the Assistant Commissioner, deceased petitioner had executed a registered will dated 30.03.2024. It is also submitted Respondent No.5 herein has already initiated a suit in OS No.501 of 2024 seeking her share in the subject property based on the registered will. 4. Learned counsel for the petitioner though, has raised the issue with regard to the filing of the appeal by respondent No.3 before the Deputy Commissioner, being one without authority, placing reliance on the order of the Division Bench of this Court in W.A.No.254/2024 dated 20.12.2024, submits that in the light of the totality circumstances and in the light of pendency of the suit, if liberty is reserved to the parties to raise and urge all the grounds in the pending suit, the purpose of the petition would be met with. 5. Learned counsel for the respondents has no objection for the same. - 5 - HC-KAR NC: 2026:KHC:34597 WP No. 26237 of 2023 6. In that view of the matter, without going into the merits or otherwise of the contentions of the parties, this petition is disposed of, reserving liberty to the parties to urge and contest on all the questions in the pending suit in O.S.No.501/2024. The Trial Court shall adjudicate and dispose of the same, without being influenced by the orders subject matter of this petition. 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.: 10