- 1 - HC-KAR NC: 2026:KHC:4561 WP No. 1705 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1705 OF 2022 (GM-RES) BETWEEN: 1. SRI. K.G. SHIVAKUMAR S/O LATE K GANESHAPPA AGED ABOUT 58 YEARS 2. SRI RAMESHKUMAR K.R.G S/O LATE K GANESHAPPA AGED ABOUT 48 YEARS BOTH THE PETITIONERS ARE RESIDING AT JOLADALU VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT- 577 213 …PETITIONERS (BY SRI. KASHINATH J D.,ADVOCATE) AND: 1. THE DEPUTY COMMISISONER DAVANAGERE DISTRICT DAVANAGERE - 577 002. 2. THE ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION DAVANAGERE DISTRICT DAVANAGERE - 577 002. 3. SMT. MANJAMMA W/O LATE GANGESHAPPA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4561 WP No. 1705 of 2022 AGED ABOUT 82 YEARS RESIDING AT C/O P V NAGARAPPA FOREST QUARTERS No.01 BEHIND VISWANATHANANNA RESIDENTIAL SCHOOL OPPOSITE TO PUMP, HADADI ROAD, SHIRAMAGONDANAHALLI, DAVANAGERE DISTRICT, DAVANAGERE - 577 213. 4. SRI RAVI KUMAR K.R.G S/O LATE K GANESHAPPA AGED ABOUT 58 YEARS RESIDING AT JOLADALU VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT- 577 213. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI. VIKYATH B., ADVOCATE FOR SRI. SURENDRA Y.S., ADVOCATE FOR R3(VC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINS ORDER DATED 04.01.2022 VIDE ORDER ON THE FILE OF THE R-1; QUASH THE IMPUGNED ORDER DATED 04.01.2022 PASSED BY THE R-1 AS PER ANNEXURE-A AS ILLEGAL AND VIOLATIVE PRINCIPLES OF NATURE JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:4561 WP No. 1705 of 2022 ORAL ORDER The short grievance of the petitioners in this matter is the order passed by the respondent-Authorities directing to mutate the name of the respondent No.3 with respect to the properties bearing Sy.No.41/P2 measuring 3 acres 18 guntas; Sy.No.42/2 measuring 21 guntas, Sy.No.66/2 measuring 3 acres and Sy.No.67/2 measuring 3 acres. 2. Learned counsel for the petitioners taking this Court through the records submits that these properties have been allotted to the share of the petitioners as well as respondent Nos.3 and 4 in terms of partition that was entered into in the year 1988 and again re-partitioned in the year 2014. He submits that the said transactions do not fall within the purview of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act, 2007'). Therefore, he submits that the order passed by the respondent No.2-Assistant Commissioner and respondent No.1- Deputy Commissioner directing mutation of the name of the respondent No.3 is one without the jurisdiction. However, he fairly submits that the respondent No.3, being the mother of the petitioners and respondent No.4, petitioners and - 4 - HC-KAR NC: 2026:KHC:4561 WP No. 1705 of 2022 respondent No.4 are ready and willing to pay even the enhanced amount of monthly maintenance. In that, he submits that though in terms of the order already passed, petitioners and respondent No.4 are paying a sum of Rs.10,000/- per month. They are ready and willing to pay additional sum of Rs.5,000/-, making it to Rs.15,000/- per month. 3. There is considerable force in the submissions of learned counsel for the petitioner. Under the garb of exercise of powers under Section 23 of the Act, 2007, the respondent- authorities cannot disturb the rights of the parties settled in terms of family partition, which transaction do not fall within the purview of the said section. Orders to that extent are unsustainable. 4. Learned counsel for the respondent No.3, though does not dispute the above legal position, however submits that the respondent No.3 is also suffering from certain ailments and she requires additional expenses to meet her medical bills. 5. In response, learned counsel appearing for the petitioners fairly submits that the petitioners are ready and willing to pay a lump-sum of Rs.50,000/- towards the medical - 5 - HC-KAR NC: 2026:KHC:4561 WP No. 1705 of 2022 expenses of respondent No.3 and this is in addition to the monthly maintenance of Rs.15,000/- undertaken by them. 6. Recording the aforesaid submissions, petition is disposed of with the following: ORDER (i). The order to the extent directing mutation of name of respondent No.3 in respect of the properties in Sy.Nos.41/P2, Sy.No.42/2, Sy.No.66/2 and Sy.No.67/2 is hereby quashed. (ii) The petitioners and respondent No.4 shall pay and continue to pay a sum of Rs.15,000/- jointly and severally to the respondent No.3. In addition, petitioner and respondent No.4 shall jointly and severally pay a sum of Rs.50,000/- within a period of 45 days from the date of receipt of certified copy of this order to the respondent No.3 to meet her medical expenses. (iii) It is made clear that if there are any pending litigation between the parties other than what is - 6 - HC-KAR NC: 2026:KHC:4561 WP No. 1705 of 2022 subject matter of the present petition, this order shall not come in the way of determination of the same in accordance with law. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 12