ASHWINI K.KULKARNI Vs. GUNDU RAO

JUDGEMENT

(1.) The controversy is because of the dispute between a daughter and her father [the first respondent] as also the Society [the second respondent] which is the beneficiary under the Gift Deed executed by the father on 5/11/2020 for one of the properties owned by him [the subject property]. The daughter, the appellant, has filed the suit in O.S.No.6245/2021 on the file of the XXXIX Additional City Civil Judge [CCH-40]), Bengaluru City [for short, 'the civil Court]) for declaration that the Gift Deed dtd. 5/11/2020 executed by the father [the first respondent] in favour of the second respondent is not binding on her and for perpetual injunction against the second respondent [the beneficiary under the Gift Deed dtd. 5/11/2020] against altering the amenities such as electricity, water and sewerage etc., in the subject property. The appellant has also sought for injunction against changing the structure of the subject property.

(2.) The civil Court by the impugned order has rejected the appellant's application inter alia concluding that the appellant has suppressed material facts and is dishonest in filing the suit. In this context, the civil Court has referred to the fact that appellant has not referred to the proceedings commenced by the first respondent against the appellant under the provisions of Ss. 4 and 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for maintenance and the Gift Deed and the Release Deed executed by the first respondent in her favour for the three immovable properties respectively in Yeshwanthpur, Vijayanagar and Basaveshwaranagar, Bengaluru.

(3.) Ms. S.R.Anuradha, the learned Senior Counsel for the appellant and Sri G.B.Manjunatha, the learned counsel for the second respondent, were heard on the previous hearing date, and both were categorical about essential circumstances of the controversy and that the appellant's case as against the impugned Gift Deed dtd. 5/11/2020 must be decided after trial. They submitted in unison that the subject property and the appellant's property are adjacent properties with common basement for parking and facilities for water, electricity and sewerage. The second respondent [the beneficiary under the impugned Gift Deed dtd. 5/11/2020] has undertaken certain civil works in the subject property.