- 1 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 38747 OF 2025 (GM-RES) BETWEEN: VISHWAS B H S/O B.G., HONNAIAH, AGED 45 YEARS, R/O KUDARAGUNDI VILLAGE, GEJJALAGERE POST. MADDURU TALUK, MANDYA DISTRICT-571428 …PETITIONER (BY SRI. PRAMOD R, ADVOCATE) AND: 1. THE SECRETARY GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, AMBEDKAR VEEDI, VIDHANSOUDHA, BANGALORE-560001 2. THE ASSISTANT COMMISSIONER MANDYA SUB DIVISION. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 MANDYA-571436 3. B.G.HONNAIAH. S/O LATE GIRIGOWDA, AGED 71 YEARS, R/O KUDARAGUNDI VILLAGE, GEJJALAGERE POST. MADDUR TALUK. MANDYA DISTRICT-571428 …RESPONDENTS [BY SMT. SARITHA KULKARNI, AGA FOR R1 & R2] THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANX-G, AN ORDER DTD 4.12.2025 PASSED BY THE ASST COMMISSIONER MANDYA SUB DIVISION MANDYA (THE TRIBUNAL OF SENIOR CITIZEN CARE AND PROTECTION) IN MSC NO. 44/2025 I.E R-2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 ORAL ORDER The petitioner, who is one of the children of the third respondent, is aggrieved by the second respondent's order dated 04.12.2025 in M.S.C.No.44/2025 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for short, 'the 2007 Act]'. The second respondent, despite observing in paragraph No.1 of the impugned order that the third respondent's application is under Section 5 of the 2007 Act, has intervened to cancel the Gift Deed dated 01.10.2011 executed by the third respondent in favour of the petitioner transferring an extent measuring 0-08.12 in Survey No.257/5 of Gejjelagere Village, Kasaba Hobli, Maddur Taluk. 2. Mr. Pramod R, the learned counsel for the petitioner, while inviting this Court's attention to the second respondent's decision to exercise jurisdiction under Section 23 of the 2007 Act when the - 4 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 application is only under Section 5 thereof, submits as follows. [a] The second respondent has not considered the petitioner's specific case that the third respondent has executed Gift Deed dated 01.10.2011 as part of a family arrangement. [b] The third respondent [an Ex-serviceman] draws monthly pension in excess of Rs.31,000/-. [c] The third respondent is given to vices and therefore has not only incurred liabilities under Section 138 of the Negotiable Instruments Act, 1881 [for short, 'the NI Act'] but also brought the property owned by the family to sale. [d] The petitioner, to protect the third respondent from being incarcerated consequent to conviction under Section - 5 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 138 of the NI Act, has repeatedly settled the claims. 3. Ms. Saritha Kulkarni, the learned Additional Government Advocate, is heard in the light of this grievance and the manner in which the second respondent has exercised jurisdiction to set aside the Gift Deed. 4. This Court must observe that if the second respondent could not have exercised jurisdiction unless an application was filed under Section 23 of the 2007 Act and that the second respondent, even for exercise of jurisdiction under Section 23 of the 2007 Act should have considered whether the conditions stipulated by the Apex Court in Sudesh Chhikara Vs. Ramti Devi and Another1 were satisfied. 1 (2024) 14 SCC 225 - 6 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 5. The second respondent's impugned order is bereft of reason. In the circumstances, this Court is inclined to interfere and restore the proceedings for reconsideration by the second respondent but when queried on the hardship that could be to the third respondent if there is disposal before issuance of notice, Mr. Pramod R. submits that to mitigate any such hardship, this Court may fix a date for the appearance of the parties and that the petitioner, without prejudice to his defences to contest the claim under Section 5 of the 2007 Act, will deposit a sum of Rs.50,000/- to the third respondent's account without awaiting even for a certified copy of this order. Hence the following, ORDER The petition is allowed in part and the second respondent's impugned order dated 04.12.2025 is set aside subject to the following terms. - 7 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 i. The proceedings in M.S.C.No.44/2025 stands restored to the second respondent's Board, and the second respondent is called upon to list this appeal for due consideration on 02.02.2026. ii. The petitioner shall appear on 02.02.2026 without further notice. iii. There shall be fresh notice to the third respondent. iv. The petitioner shall also ensure a copy of this order is served personally on the third respondent. v. The petitioner shall deposit, without even waiting for a certified copy of this order, a sum of Rs.50,000/- to the third respondent's account with the Bank of Baroda, Gejjelagere Branch. vi. It is observed that if there is any failure in complying with this - 8 - HC-KAR NC: 2026:KHC:40 WP No. 38747 of 2025 condition, the second respondent shall consider it as a default and pass such orders as would be permissible in law. RB Sd/- (B M SHYAM PRASAD) JUDGE