IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4497 OF 2018 (GM-RES) BETWEEN:
1. VISHNU SURESH S/O SURESH VENKATARAMAN AGED 25 YEARS REP BY HIS POWER OF ATTORNEY HOLDER MRS LAKSHMI SURESH VENKATARAMAN 2. MRS LAKSHMI SURESH VENKATARAMAN W/O SURESH VENKATARAMAN AGED 58 YEARS BOTH ARE RESIDING AT RB-4 SANTARA NIGAM PLACE NEAR HULIMAVU LAKE BENGALURU-560076 … PETITIONERS (BY SRI. S. SHEKAR SHETTY, ADVOCATE) AND:
1. ASSISTANT COMMISSIONER BANGALORE SOUTH DIVISION AND ALSO PRESIDENT OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS TRIBUNAL BANGALORE SOUTH DIVISION BENGALURU 2. KANTHI SUNDARAM W/O LATE A SUNDARAM AGED 81 YEARS CURRENTLY AT NO.545, 10TH A MAIN 5TH BLOCK JAYANAGAR BENGALURU-560009 3. MANJULA RAVIKUMAR D/O KANTHI SUNDARAM AGED ABOUT 51 YEARS, UNIT NO.7/28 FOOTE STREET LOWER TEMPLE STOEE VICTORIA 3107 AUSTRIALIA 4. SUNDARAM JAYASHANKAR S/O LATE SUNDARAM AGED 48 YEARS, 2062, B 6TH FLOOR SOBHA ROSE, WHTEFIELD MAIN ROAD BENGALURU – 560 066 … RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA FOR R1; SRI. KIRAN S. ADV, FOR SRI. RAJISH RAIK, ADV FOR R2;
SRI. F. MIR PARVEZ AHMED, ADV FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.11.2017 IN MSC (SC)/CR-16/2017-18 PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-H AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. S. Shekar Shetty, learned counsel for the petitioners.
Smt. Prathima Honnapura, learned Additional Government Advocate for respondent No.1.
Sri. Kiran S., learned counsel for Sri. Rajesh Rai for respondent No.2.
Sri. F. Mir Parvez Ahmed for respondent Nos.3 and 4.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 14.11.2017 passed by respondent No.1 and direct the respondents not to alienate, encumber or interfere with the possession of the petitioners in respect of the property in question.
3. The facts giving rise to filing of the writ petition briefly stated are that respondent No.2 had released the share in favour of respondent No.3 in respect of the property in question by virtue of the release deed dated 27.07.2012.
4. Thereafter, respondent No.2 filed the petition under Section 23 of the Maintenance & Welfare of Parents & Senior Citizens Act, 2007 seeking the relief that the release deed was executed in consideration of maintenance to respondent No.2 and respondent No.3 has failed to maintain. The Assistant Commissioner by an order dated 14.11.2017, cancelled the release deed. However, on the request being made by respondent No.2, subsequently the order was recalled, which is evident from the order dated 26.12.2017. In the aforesaid factual background, the petitioner has approached this Court.
5. When the matter was taken up today, learned counsel for the petitioner submitted that after passing the order dated 26.12.2017, no steps have been taken by the Assistant Commissioner in the matter and the matter is pending on the file of the Assistant Commissioner and the writ petition be disposed of with a direction to the Assistant Commissioner to deal with the matter after affording an opportunity of hearing to all the necessary parties expeditiously in accordance with law.
6. The aforesaid prayer has not been opposed by the learned counsel for the respondents.
7. In view of the aforesaid submission and taking into account the fact that the matter is pending adjudication before the Assistant Commissioner, the parties are directed to appear before the Assistant Commissioner through their counsel on 29.07.2019 at 3.00 P.M. along with the copy of this order.
Thereafter, the Assistant Commissioner shall afford an opportunity of hearing to all the parties and proceed to deal with the matter expeditiously in accordance with law preferably within a period of two months from the date of appearance of the parties.
8. With the aforesaid directions, the petition is disposed of.
Sd/- JUDGE Mds/-