Karnataka High Court
Smt Vijayalaxmi vs Smt Jagadhambal on 27 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:8107
WP No. 6450 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 6450 OF 2023 (GM-RES)
BETWEEN:
SMT. VIJAYALAXMI,
W/O V. GANESH,
D/O LATE ARUMUGAM AND JAGADHAMBAL,
AGED ABOUT 52 YEARS,
R/AT NO.289/1, 10TH CROSS,
17TH MAIN ROAD,
J.C. NAGAR, KURUBRAHALLI,
BANGALORE - 560 086.
...PETITIONER
(BY SRI. V. MANOHAR, ADVOCATE)
AND:
1. SMT. JAGADHAMBAL,
Digitally signed W/O LATE A. ARUMUGAM,
by NAGAVENI AGED ABOUT 73 YEARS,
Location: HIGH R/AT NO. 171/3, 9TH CROSS,
COURT OF DODDAGUNTE COXTOWN,
KARNATAKA
BANGALORE - 560 005.
2. THE ASSISTANT COMMISSIONER,
BANGALORE NORTH SUB-DIVISION,
BANGALORE DISTRICT - 560 002.
...RESPONDENTS
(BY SRI. NAVEEN N.V., ADVOCATE FOR R1;
SRI. RAHUL CARIAPPA K.S., AGA FOR R2)
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NC: 2024:KHC:8107
WP No. 6450 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED:01.12.2022 PASSED BY THE
ASSISTANT COMMISSIONER, IN MSCCR 158/2021-22
BANGALORE NORTH SUB-DIVISION, BANGALORE THE
RESPONDENT NO.2 HEREIN PRODUCED AT ANNEXURE-D AND
ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court, seeking the following
prayers:
"(a) issue a Writ of Certiorari or any other appropriate
writ, order or direction by quashing the impugned
order dated 01-12-2022 passed by the Assistant
Commissioner in MSCCR. 158/2021-22, Bangalore
North Sub-Division, Bangalore the Respondent
No.2 herein produced at Annexure-D.
(b) grant such other reliefs as this Hon'ble Court
deems fit to grant in the facts and circumstances
of the case, in the interest of justice."
2. This Court on 15.11.2023, had passed the following
order:
"Issue emergent notice to respondent No.1.
Learned AGA is directed to accept notice for
respondent No.2
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The petitioner is before this Court calling in
question the order of the Assistant Commissioner by
which he has annulled the gift deed.
A perusal of the gift deed would not indicate any
conditions that would become the ingredients of a petition
to be filed under the Maintenance and Welfare of Parents
and Senior Citizen Act, 2007 before the Assistant
Commissioner.
The issue in the lis stands covered by the judgment
rendered by the Apex Court in the case of Sudesh
Chhikara vs. Ramti Devi and another reported in
2022 SCC Online SC 1684.
Therefore, there shall be an interim order of stay as
prayed for, till the next date of hearing."
3. The parties to the lis have now entered into a
settlement and have filed a joint memorandum of settlement.
The joint memorandum of settlement reads as follows:
"JOINT MEMO
The petitioner and the respondent No.1
respectfully submits as follows:-
1. It is submitted that the petitioner herein is the absolute
owner of the property bearing Old Sy. No.88, New Sy.
No.218, 219 and 221, BBMP Old Ward No. 13, New Ward
No.75, JC Nagar, 14th C Main Road, FF Colony, Laggere
Village, Yashwanthapura Hobli, Bangalore North Taluk,
Bangalore-560086, and the petitioner has acquired the
said property through the registered Gift Deed dated
07.05.2012 executed by the respondent No. 1 herein.
2. It is submitted that on the advise of the others, the
respondent No.1 has filed a petition before the Assistant
Commissioner Bangalore North Sub-Division, Bangalore in
MSA No. 158/2021-22 to cancel the Gift Deed. The
petitioner has appeared and filed her objections. The
Assistant Commissioner the respondent No.2 herein has
NC: 2024:KHC:8107
passed the order dated 01.12.2022 by allowing the
petition thereby cancelled the Gift Deed dated 07.05.2012
executed by the respondent No.1 in favour of the
petitioner. The petitioner has filed this Writ Petition
challenging the order passed by the Assistant
Commissioner.
3. It is submitted that due to the intervention of well
wishers, and the petitioner and the respondent No.1 are
the daughter and mother, have entered into the
compromise, and by virtue of the compromise the
petitioner is paying the total sum of Rs.5,00,000/-
(Rupees Five Lakhs only) to the respondent No.1, and the
respondent No.1 has acknowledged the receipt of the said
amount by way of DD bearing No.755012, Drawn on
Canara Bank, Kurubarahalli (J.C. Nagar), Bangalore-
560086, in favour of the respondent No. 1. Since the
respondent No.1 was not a senior citizen at the time of
executing the Gift Deed dated 07.05.2012, and by virtue
of this compromise the respondent No.1 is receiving the
amount sum of Rs.5,00,000/-
(Rupees Five Lakhs only) by way of DD as above, the
order passed by the Assistant Commissioner Bangalore
North Sub-Division, Bangalore in MSA No. 158/2021-22
as per Annexure-D is liable to be quashed, and the
petitioner will be the absolute owner of the said property.
Wherefore, this Hon'ble Court be pleased to quash the
impugned order dated 01.12.2022 passed by the
Assistant Commissioner Bangalore North Sub-Division,
Bangalore in MSA No. 158/2021-22 as per Annexure-D
in terms of this Joint Memo in the interest of justice and
equity."
4. Both the learned counsel representing the parties
would submit that all the conditions stipulated in the joint
memorandum have been fulfilled mutually. The parties are also
present before the Court.
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In the light of the settlement arrived at between the
parties, the petition is disposed, as a matter of form, the
impugned order stands quashed.
Sd/-
JUDGE
SJK
CT:SNN
