C M ANITHA vs MALLESH

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 7969 OF 2024 (GM-RES)

BETWEEN:

C M ANITHA
W/O RAMESHA,
D/O MALLESH,
AGED ABOUT 43 YEARS,
R/AT VIDYANAGARA LAYOUT,
CHANNARAYAPATTANA TOWN AND TALUK,
HASSAN DISTRICT - 573 116
…PETITIONER








(BY SRI. K.R. NAGARAJA, ADVOCATE)

AND:

1. MALLESH
S/O LATE THIMMEGOWDA,
AGED ABOUT 67 YEARS,
R/AT SREEDEVINAGAR,
WARD NO.18,
CHANNARAYAPATTANA TOWN AND TALUK,
HASSAN DISTRICT - 573 116

2.
THE MAINTENANCE AND WELFARE OF PARENTS AND
SENIOR CITIZENS APPELLATE TRIBUNAL AND
DEPUTY COMMISSIONER
HASSAN DISTRICT,
HASSAN - 573 116



Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



3. THE CHAIRMAN
THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF
PARENTS AND SENIOR CITIZENS ACT AND
ASSISTANT COMMISSIONER,
HASSAN SUB-DIVISION,
HASSAN DISTRICT,
HASSAN - 573 116

4. THE PRINCIPAL SECRETARY TO GOVT OF
KARNATAKA
DEPARTMENT OF REVENUE,
BENGALURU - 01

5. SMT. SUNITHA @ SUMITHRA M
W/O KRISHNA,
AGED ABOUT 41 YEARS,
R/AT KUVEMPUNAGARA,
CHANNARAYAPATTANA TOWN AND TALUK,
HASSAN DISTRICT - 573 116
…RESPONDENTS

(BY SRI. GIRISH B. BALADARE, ADVOCATE for r1
SRI. M. SRINIVS KUMAR, HCGP FOR R2 TO R4
SMT. PALLAVI P., ADVOCATE FOR R5
(VAKALATH FILED IN COURT))

THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO a) QUASH THE
IMPUGNED ORDER PASSED BY THE THIRD RESPONDENT /
MAINTENANCE TRIBUNAL DATED 04/09/2023 IN FILE
NO.HI.NAA.RA.55/2021-22 AS PER ANNEXURE-E AND DISMISS
THE PETITION OF RESPONDENT MAINTAINED U/S 23 OF THE
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR
CITIZENS ACT.

- 3 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER
The instant writ petition is filed challenging the order
dated 04.09.2023 passed by the Maintenance Tribunal, at
Annexure-E, which has been confirmed by the Appellate
Authority vide order dated 22.02.2024 at Annexure-F.
2. The petitioner and respondent No.5 are the
daughters of respondent No.1. The gift deed executed by
respondent No.1 in favour of the petitioner herein has
been cancelled by the impugned order passed by the
Maintenance Tribunal.
3. During the pendency of the present writ
petition, the petitioner, respondent Nos.1 and 5 have
negotiated and came to an amicable settlement and filed a
compromise petition.

- 4 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



4. The terms of the compromise petition read as
follows:
“MEMORANDUM OF COMPROMISE PETITION
UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL
PROCEDURE-1908 R/W ARTICLE 226 OF THE
CONSTITUTION OF INDIA
The Petitioner, First respondent & Fifth
respondent respectfully submit as follow;
1. First respondent Sri Mallesh with consent of
his all daughters and son freely and voluntarily without
any coercion or undue influence gifted disputed
property for love and affection without any conditions
in favour of petitioner having considered the fact that
the family of petitioner constructed the house,
petitioner and her husband met marriage expenses of
the other daughters and son of first respondent,
petitioner and her husband stayed with first respondent
for considerable years and look after the family and
taken care all the responsibility of first respondent,
without any condition for future care and custody of the
first respondent through registered gift deed dated
17/11/2017 as per Annexure-A. The care, maintenance
and welfare of first respondent was fixed on fifth
respondent by all the daughters and son of first
respondent having considered the fact that first
respondent given property through registered release
deed dated 04/09/2021/Annexure-B in favour of fifth

- 5 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



respondent on that condition, which admitted by the
fifth respondent in her explanation dated 10/10/2022
to the Town Municipal Council,
Channarayapatna/Annexure-D.
2. When such being the above state of things
first respondent with ill advice and at the instance of
Smt. Bhargavi H.S. W/o C.M. Ashok being daughter in
law of first respondent sought to invalidate gift deed of
petitioner dated 17/11/2017/Annexure-A through his
petition Annexure-D with third respondent herein
tribunal, which declared Annexure-A gift deed of
petitioner as void through order dated
4/09/2023/Annexure-E. Second respondent Appellate
Tribunal confirmed the above order by dismissing the
appeal of petitioner.
3. The first respondent sought to invalidate gift
deed of petitioner Annexure-A on the ill advice and at
the instance of his daughter in law Bhargavi despite of
the fact there was condition whatsoever to look after
the care and maintenance of first respondent in the gift
deed.
4. First respondent agrees, consent and confirms
that there was no condition and obligations in
Annexure-A gift deed of petitioner dated 17/11/2017
for care and welfare of his future. He withdraws all the
allegation and claim made against petitioner in his
petition/Annexure-D before tribunal/third respondent
herein.

- 6 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



5. Not withstanding the fact that petitioner is not
bound to take care and welfare of first respondent
through gift deed and fifth respondent has to look after
and take care of the maintenance and welfare of first
respondent as per registered release deed dated
04/09/2021/Annexure-B, the petitioner at the
intervention and advice of relatives has been taking
care of welfare and maintenance of first respondent.
6. Fifth respondent also agrees to take care of
physical need, maintenance and welfare of first
respondent in future as per Annexure-B release deed
dated 04/09/2021 which admitted by her in her
explanation in Annexure- C dated 10/12/2022.
7. The first respondent confirms and validates
Annexure-A/registered gift deed of petitioner dated
17/11/2017. He has no objection to uphold and
validate Annexure-A/registered gift deed of petitioner
by setting aside orders of second and third respondent
as per Annexure-E & F.
8. Fifth respondent agrees to take care,
maintenance physical need and welfare of first
respondent.
9. First respondent admit and accept the
grounds urged by petitioner in the above writ petition
with support of her prayer seeking quash to Annexure-
E & F.

- 7 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



10. First respondent prays to declare Annexure-
G gift deed dated 02/11/2023 obtained by his daughter
in law Smt. H.S. Bhargavi with undue influence,
misrepresentation, coercion and fraud during the period
of time to challenge Annexure-E by the petitioner. First
respondent also has initiated proceedings to invalidate
gift deed dated 02/11/2023/ Annexure-G before third
respondent.
11. In the result, we pray to allow the above writ
petition, set aside Annexure-E/order of third
respondent dated 04/09/2023 and Annexure-F/order of
second respondent dated 22/02/2024 and declare
Annexure-A registered gift deed of petitioner dated
17/11/2017 is valid and Annexure-G gift deed dated
02/11/2023 executed by first respondent is void and
invalid to meet the ends of justice.”

5. It is the understanding between the petitioner
and respondent Nos.1 and 5 that respondent No.5 would
henceforth take care of the medical needs, maintenance
and welfare of respondent No.1. The petitioner and
respondent No.1 have also accepted the said proposal and
have agreed to the disposal of the writ petition in terms of
the compromise.

- 8 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



6. In view of the above, the writ petition requires
to be disposed of, recording that respondent No.5 would
henceforth take care of the physical needs, maintenance
and welfare of respondent No.1.
7. It is submitted by the learned counsel for the
petitioner and respondent Nos.1 and 5 that, pursuant to
the impugned orders, no proceedings for recording the
cancellation of the gift deed in the encumbrance register
were initiated before the Sub-Registrar. However,
respondent No.1 has executed another gift deed dated
02.11.2023 at Annexure-G in favour of his daughter-in-
law, viz., Bhargavi H.S.
8. It is further submitted that, for cancellation of
the gift deed, respondent No.1 has already instituted
proceedings before respondent No.3, the Assistant
Commissioner.
9. In the light of the same, it is open for
respondent No.1 to prosecute the proceedings initiated

- 9 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



before respondent No.3, and no orders are required to be
passed in this writ petition insofar as the said proceedings
are concerned.
10. Learned counsel for respondent No.1 raised a
concern that, in the event of any breach of the terms of
the compromise, respondent No.1 may be granted liberty
to seek reopening of the proceedings.
11. It is needless to observe that, if there is any
violation of the terms and conditions of the compromise, it
is always open for respondent No.1 to take recourse to the
procedure contemplated under the Act.
12. In view of the compromise arrived at between
the parties, both the impugned orders at Annexures-E and
F are quashed and the gift deed executed by respondent
No.1 in favour of the petitioner herein is restored.
disposed of
The writ petition is in terms of the
compromise and with the observations made above.

- 10 -
HC-KAR
NC: 2026:KHC:60712
WP No. 7969 of 2024


CNR: KAHC010153782024



13. Smt.Pallavi P, learned counsel has filed vakalath
on behalf of respondent No.5. The same is accepted.

Sd/-
(T.P.VIVEKANANDA)
JUDGE



SMC
List No.: 1 Sl No.: 29