- 1 - HC-KAR NC: 2026:KHC:4165 WP No. 1004 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1004 OF 2026 (GM-RES) BETWEEN: 1. MR. MARALUSIDDAPPA S/O. MR. MARULAPPA, AGED ABOUT 81 YEARS, R/A. HOSAHALLI VILLAGE, KASABA HOBLI, ARASIKERE TALUK HASSAN -573103 2. SMT. MALLAMMA W/O. MR. MARALUSIDDAPPA, AGED ABOUT 71 YEARS, R/A. HOSAHALLI VILLAGE, KASABA HOBLI, ARASIKERE TALUK, HASSAN -573103 BOTH ARE CURRENTLY RESIDING AT KAAMASAMUDRA VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK HASSAN -573125 … PETITIONERS (BY SMT. VANDANA P L., ADVOCATE) AND: 1. SMT. MANJULA H M W/O. SHIVASHANKARAPPA K.S AGED ABOUT 49 YEARS, R/A. KAAMASAMUDRA VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK HASSAN - 573125 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4165 WP No. 1004 of 2026 2. MR. GANGADARAPPA. S/O. MARALUSIDDAPPA, AGED ABOUT 53 YEARS, HOSAHALLI VILLAGE, KASABA HOBLI, ARASIKERE TALUK HASSAN -573103 3. MR. JAYADEVA S/O. MARALUSIDDAPPA, AGED ABOUT 51 YEARS, HOSAHALLI VILLAGE, KASABA HOBLI, ARASIKERE TALUK HASSAN -573103 … RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, PRAYING TO - A. DIRECT QUASHING AND SETTING ASIDE THE ORDER DATED 09.12.2023 RECORDING THE COMPROMISE PETITION AND THE CONSEQUENT LOK ADALAT AWARD IN O.S NO. 720/2022 (PRODUCED AS ANNEXURE-C) PASSED BY NATIONAL LOK ADALAT 2ND ADDITIONAL CIVIL JUDGE AND JMFC. ARASIKERE, ON THE GROUNDS OF FRAUD, MISREPRESENTATION, UNDUE INFLUENCE, VIOLATION OF STATUTORY RIGHTS AND PATENT INJUSTICE; B. ISSUE A WRIT OR ORDER DECLARING THE COMPROMISE STAURP PAPER DATED 30.01.2024 - 3 - HC-KAR NC: 2026:KHC:4165 WP No. 1004 of 2026 DECREE AND THE RESULTING TRANSFER OF THE PETITIONERS' INTEREST IN THE SUIT SCHEDULE PROPERTIES IN FAVOUR OF RESPONDENTS NO. 2 AND 3 ARE VOID AND INOPERATIVE AS AGAINST THE PETITIONERS VIDE ANNEXURE-A; C. ISSUE A WRIT OR ORDER DIRECTING THE SUIT SCHEDULE PROPERTIES (OR THE PETITIONERS INTERESTS THEREIN AS DETERMINED BY LAW) SHALL STAND RESTORED TO THE PETITIONERS, FREE FROM THE COMPROMISE DECREE AND ANY RIGHTS CLAIMED BY RESPONDENTS NOS.2 AND 3 UNDER THE SAME; D. CONSEQUENTLY, REMIT THE MATTER TO THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC. ARASIKERE FOR FRESH CONSIDERATION OF OS NO.720/2022 IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINALRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:4165 WP No. 1004 of 2026 ORAL ORDER The petitioners are senior citizens and they are parties to a suit for partition commenced by their daughter [the first respondent] in O.S. No. 720/2022 on the file of the II Additional Civil Judge and JMFC, Arasikere, Hassan [for short, 'the civil Court']. The first respondent as also the petitioners' sons, [the second and third respondents], are parties to the suit. They have all reported settlement when the suit is listed in the Lokadalat and consequently a consent award is drawn on 09.12.2023. 2. The petitioners have been individually granted agricultural lands and they have also been given life interest in residential property bearing No.160, Kallayanakanahalli Grama, Kasaba Hobli, Arsikere Taluk with the stipulation that they shall be entitled to joint possession of this property along with their sons who shall take the property between them only after their demise. - 5 - HC-KAR NC: 2026:KHC:4165 WP No. 1004 of 2026 3. Ms. Vandana P L, the learned counsel for the petitioners, submits that the petitioners' cause for the present petition is founded in the indisputable fact that, after the consent award, the third and the fourth respondents have driven out the petitioners constraining them to reside with the first respondent and that they have also brought the petitioners, taking advantage of their age and circumstances, under duress to cause execution of certain documents for the properties that are allotted to them. 4. The question whether this Court must interfere with the consent award is examined in the following circumstances after hearing Mr B Ravindranath, a learned Additional Government Advocate, who is called upon to assist this Court. The petitioners' cause is not on the terms upon which the consent award is drawn or the manner in which the consent award is drawn, and their cause is based in - 6 - HC-KAR NC: 2026:KHC:4165 WP No. 1004 of 2026 the third and the fourth respondents' conduct subsequent to the consent award. Their subsequent conduct cannot be a reason to interfere with such award. 5. The petitioners are senior citizens and they would be entitled to the protection that is envisaged for senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for short, 'the Act'] and such protection would be even as against any conveyance provided the petitioners can show, as required in law, that they are parties to documents because of an assurance to look after them and the beneficiaries under the transaction have been deprived of such assurance. The petitioners would also be entitled to seek just orders under the Act for their regular maintenance including induction into the property from which they could be dispossessed. - 7 - HC-KAR NC: 2026:KHC:4165 WP No. 1004 of 2026 6. As the petitioners have alternative remedy under the Act and because such remedy must be admitted on a factual assertion that would be permissible under the Act, this Court is of the considered view that the petition must be disposed of with liberty to the petitioners to avail their remedy under the Act observing that if the petitioners indeed avail such remedy, the competent authority under the Act must act swiftly and by a reasoned order. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE AN/-