- 1 - HC-KAR NC: 2026:KHC:1808 WP No. 29827 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29827 OF 2024 (GM-RES) BETWEEN: 1. SRI. SHAIK ABDUL REHMAN AGED ABOUT 57 YEARS SO LATE SHAIK ISMAIL 2. SMT MALLIKA ANJUM AGED ABOUT 53 YEARS D/O LATE SHAIK ISMAIL 3. SMT NASEEMA AGED ABOUT 51 YEARS D/O LATE SHAIK ISMAIL 4. SMT KAUSER BEGUM AGED ABOUT 49 YEARS D/O LATE SHAIK ISMAIL 5. SMT SHANAZ BEGUM AGED ABOUT 47 YEARS D/O LATE SHAIK ISMAIL 6. SMT AYISHA ANJUM AGED ABOUT 38 YEARS D/O LATE SHAIK ISMAIL Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1808 WP No. 29827 of 2024 7. SRI SHEIK ASLAM AGED ABOUT 48 YEARS SO LATE SHAIK ISMAIL ALL ARE R/O MUTHAYALPET MULBAGAL 563131 KOLAR DIST. &PETITIONERS (BY SRI. SHESHADRI N S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY MS BUILDING DR. AMBEDKAR VEEDHI BANGOLRE 560001. 2. THE DEPUTY COMMISSIONER KOLAR SUB DIVISION KOLAR 563101 3. THE ASST. COMMISIONER KOALR SUB DIVISION KOLAR 563101. 4. SMT GULAB JAN AGED 68 YEARS WO SARDAR RO KATARIPALYA KOLAR 563101. &RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3; - 3 - HC-KAR NC: 2026:KHC:1808 WP No. 29827 of 2024 SRI. K. R. NAGARAJA, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28.10.2024 PASSED BY THE R-2 IN PETITION BEARING NO. ADM/CR/09/2024 AS PER ANNEXURE -A BY ALLOWING THIS PETITION IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are the fourth respondent's nephews and nieces [being her sister's children], and the petitioners are aggrieved by the second respondent's order dated 28.10.2024 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The second respondent has allowed the fourth respondent's application setting aside the Gift Deed dated 06.02.2017 executed by her in favour of her deceased sister. The petitioners are present as is the fourth respondent, and their respective learned counsels, - 4 - HC-KAR NC: 2026:KHC:1808 WP No. 29827 of 2024 who identify them, filed a Memorandum of Compromise signed by each of the parties. The parties acknowledge that they have signed the Memorandum accepting the terms as recorded therein. The Memorandum incorporates essentially the following: [a] The petitioners have transferred the property gifted under the Gift Deed dated 06.02.2017, [b] A suit is filed in O.S. No.8/2023 on the file of the Principal Civil Judge and JMFC, Mulbagal for partition, and [c] During the pendency of the present petition and the suit, the petitioners, the fourth respondent and the other family members have joined in the execution of the Deed of Confirmation dated 11.12.2025. - 5 - HC-KAR NC: 2026:KHC:1808 WP No. 29827 of 2024 When queried, the fourth respondent states that she has joined the settlement on her own volition and that she is in receipt of Rs.55,00,000/-, which is retained by her for her use and maintenance. In the light of the afore, the petition is preferred setting aside the second respondent's order dated 28.10.2024. Sd/- (B M SHYAM PRASAD) JUDGE RB