Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 44570 (KAR)

SRI. B. V. RAJESH v. STATE OF KARNATAKA

WP/4460/2025 · 2026-10-07

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 4460 OF 2025 (GM-RES) BETWEEN: 1. SRI. B. V. RAJESH S/O LATE D.VASUDEV AGED ABOUT 49 YEARS, R/AT BACHENAHATTI VILLAGE. KASABA HOBLI MAGADI TALUK RAMANAGAR DISTRICT PIN CODE 562 159 …PETITIONER (BY SRI.RAVI KUMAR M.,ADVOCATE) AND: 1. STATE OF KARNATAKA RPTD BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE- 560 001. 2. THE TRIBUNAL MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS CUM ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION RAMANAGAR - 562159 3. SMT. VENKATALAKSHMAMMA W/O LATE D. VASUDEV AGED ABOUT 66 YEARS - 2 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 R/AT BACHENAHATTI VILLAGE. KASABA HOBLI, MAGADI TALUK RAMANAGAR DISTRICT PIN CODE - 562 159 …RESPONDENTS (BY SRI. THIMME GOWDA H V.,ADVOCATE FOR SRI. AMBAJI RAO NAJRE, ADVOCATE FOR C/R3 SRI. RAHUL CARIAPPA K S, AGA FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER ANNEXURE -A PASSED BY R-2 IN CASE NO. HIRIYA. NA. RA. KA.SUM. /07/2024-25 DATED 31.01.2025 CANCELLED THE REGISTERED GIFT DEED DATED 06.02.2024 IN DOC. NO. 6533/23-24 AND 6532/23-24 REGISTERED IN THE OFFICE SUB REGISTRAR MAGADI AND ALSO DIRECTION TO RESTORE THE DOCUMENTS IN FAVOUR OF R-3 AND RESTORE THE POSSESSION IN FAVOUR OF R-3 BY ALLOWING THIS WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER Learned counsels for the petitioner and learned counsel for respondent No.3 have filed a compromise petition. 2. The same is taken on record. 3. The petitioner and respondent No.3 are present in the Court. They admit to having executed the compromise. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 4. The parties have amicably agreed to resolve the dispute inter se. The compromise petition filed between the parties is as under: The petitioner and Respondent No.3 respectfully submit as follows: 1. The petitioner and Respondent No.3 submit that, the Respondent No.3 has filed petition under senior citizen Act 2007 before the Respondent No.2 stating that, she is senior citizen aged about 66 years, the properties Sy.No.95/5, measuring 4 guntas and Sy.No.95/6 measuring 28. 1/2 guntas are self-acquired landed properties, the site bearing No.1-5-66, Assessment No.4112/4565, situated at Magadi Town is self-acquired property of Respondent No.3 who is wife of late D.Vasudev, he had two wives (1).B.V.Rajesh - petitioner is son of 1st wife. The Respondent No.3 has no children out of her wedlock. The claim petition of Respondent No.3 is marked as Annexure- B. 2. The petitioner and Respondent No.3 submit that, the Respondent No.3 has executed two registered Gift deed dated: 06-02-2024 one is two land property and another one is site property, which was registered in the Sub- Registrar of Magadi in Doc. No.6533/2023-24 and Doc.No.6532/2023-24. The Respondent No.3 seeking of cancellation of two Gift deeds and restore the possession of the gifted properties. The Two registered Gift deeds are marked as Annexure- C & C-1 respectively. 3. The petitioner and Respondent No.3 submits that, The Respondent No.2 Tribunal of senior citizen and welfare and maintenance has allowed the 31-01-2025 petition on in Hiriya.na.ra.ka.sum. No.7/2024-25, wherein cancelled the two Gift deeds and restore the revenue entries and possession in favour of Respondent No.3, against which the petitioner has challenged the said order dated: 31-01-2025 before this Hon'ble Court in this petition. The order dated: 31-01-2025 is marked as Annexure- A. 4. The petitioner and Respondent No.3 have agreed to settle the dispute by the advice of elders, family members Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 and their advocates. The dispute is agreed to be settled as follows: a. The petitioner and Respondent No.3 have agreed and admits that, the two Gift deeds dated: 06-02-2024 registered in Doc.No. 6532/2024-25 and Doc.No.6533/2023-24 were registered with free will and without any threat and undue influence in favour of petitioner. Both parties have agreed to settle their dispute among them. b. The Petitioner and respondent No.3 submits that, the petitioner has been allotted (1) one gunta land out of (4) four guntas in Sy. No. 95/5 and in Sy.No.95/6 measuring (9) Nine guntas out of 26.08 guntas. Both the properties situated at Bachenahatti village, Magadi taluk, Bengaluru south. Which are morefully described as "A" and "B" schedules hereunder. c. The Petitioner and respondent No.3 submits that, the vacant house site property bearing No.4112/4565, katha No.1-5-66, division No.4, ward No.5, Thirumale road, Magadi town, Magadi taluk, Ramanagara district, presently known as Bengaluru south district measuring East to West 15.2400030 meters, North to South 30.480061 meters totally 464.515 sq meters has been allotted to petitioner herein. Which are morefully described as "C" schedule hereunder. d. The Petitioner and respondent No.3 submit that, the respondent No.3 has been allotted three (3) guntas land out of 4 guntas in Sy. No. 95/5 and in Sy.No.95/6 measuring 19.8 guntas out of 28.08 guntas, both the properties situated at Bachenahatti village, Magadi taluk, Bengaluru south district. Which are morefully described as "D" and "E" schedules hereunder. e. The Petitioner and respondent No.3 submits that, "A", "B" and "C" schedule properties are allotted to the petitioner. And "D" and "E" schedule properties are allotted to the Respondent No.3. f. The Petitioner has agreed and declare that, he has no any claim right, interest over the "D" and "E" schedule Properties, which are allotted to the Respondent No.3. She can transfer the revenue entries and get phodi and Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 Dhurasthi in her favour. She has become the absolute owner of the "D" and "E" schedule properties. g. The Respondent No.3 has agreed and declare that, she has no any claim right, interest over the "A", "B" and "C" schedule Properties, which are allotted to the petitioner. He can transfer the revenue entries and get phodi and Dhurasthi in his favour. He has become the absolute owner of the "A", "B" and "C" schedule properties. 5. Both parties are agreed that, in view of the compromised arrived between them, the order dated: 31-01-2025 passed by the Respondent No.2 is liable to be setaside and the two Gift deeds dated: 16-02-2024 shall remains valid and binding between the parties. subject to the terms of the this compromise. 6. The Petitioner and respondent No.3, state that, they have entered into this compromise petition voluntarily, their own free and consent without any coercion, threat, un-due influence or pressure from any person. The contents of the compromise petition is read over and explained to the petitioner and respondent No.3 in their own language and they have understood them and agreed the terms of the compromise. Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to following relief: a. Accept the compromise entered into between the parties and record the same. b. Modify the order dated: 31-01-2025 passed by the Respondent No.2 in Hiriya.na.ra.ka.sum.No.7/2024-25, vide Annexure- A. c. Pass such other order deems fit under the facts and circumstances of the case in the interest of justice and equity. SCHEDULE PROPERTIES ALLOTTED TO THE PETITIONER "A" Schedule property: Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 All that piece and parcel of the property bearing Sy.No.95/5 measuring 1(One) gunta out of 4 guntas of Bachenahatti village, Magadi taluk, Bengaluru south district bounded on : East by :Venkatalakshmamma property Sy.No.95/5 West by :Srinivas Ayyangar and Rajesh's home North by :Venkatalakshmamma property Sy.No.95/6 South by :Magadi to Bengaluru road. "B" Schedule property : All that piece and parcel of the property bearing Sy.No.95/6 measuring (9) Nine guntas out of 0.28.08 guntas of Bachenahatti village, Magadi taluk, Bengaluru south district bounded on: East by : Venkatalakshmamma property Sy.No.95/5 West by : Srinivas Ayyangar land, North by :Srinivas Ayyangar's land, and Narasegowda property South by : Rajesh's property in Sy. No.95/5 "C" Schedule property : All the piece and parcel of the vacant house site property bearing No.4112/4565, katha No.1-5-66, division No.4, ward No.5, Thirumale road, Magadi town, Magadi taluk, Ramanagara district, presently known as Bengaluru south district measuring to an extent of east to west 15.2400030 meters, north to south 30.480061 meters totally 464.515 sq meters of Magadi Town, Magadi taluk, Bengaluru south district bounded on: East by : Basavaraju's home West by : Road North by : Road South by : Vijaya Kumar property SCHEDULE PROPERTIES ALLOTTED TO THE RESPONDENT NO.3 "D" Schedule properties : Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 7 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 All that piece and parcel of the property bearing Sy.No.95/5 measuring (3) Three guntas out of 4 guntas of Bachenahatti village, Magadi taluk, Bengaluru south district bounded on : East by : Venkatamma's land West by : Rajesh's land North by : Venkatalakshmamma property Sy.No.95/6 South by : Magadi to Bengaluru road. "E" Schedule property : All that piece and parcel of the property bearing Sy. No.95/6 measuring 19.8 guntas out of 0.28.08 guntas of Bachenahatti village, Magadi taluk, Bengaluru south district bounded on: East by : Narasegowda' property West by : Rajesh' property North by : Srinivas Ayyangar's land, and Narasegowda property South by : Rajesh's property in Sy. No.95/5 and Venkatalakshmamma's property in Sy. No.95/5 VERIFICATION We, (1) Rajesh.B.V and (2) Venkatalakshmamma, do hereby state what is stated above is true and correct. The compromise is read over to us and we have understood the same. Pursuant to which we have subscribed our signatures below. Sd/- Sd/- RespondentNo.3 Petitioner Sd/- Sd/- Advocate for Petitioner Advocate for Respondent No.3 Bengaluru Date: 07.10.2026 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 8 - HC-KAR CNR: KAHC010104322025 NC: 2026:KHC:56219 WP No. 4460 of 2025 5. In view of the same, the present writ petition is disposed of in terms of the compromise petition. The impugned order bearing No.hiriya.na.ra.ka.sum/07/24-25 dated 31.01.2025 passed by respondent No.2 - Assistant Commissioner (Annexure-A to the writ petition) shall also stand modified in terms of the compromise. 6. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 3 Sl No.: 1 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA