M. V. VENKATESH Vs. M. C. VENKATARANGAIAH

JUDGEMENT

(1.) In this writ petition, petitioner is assailing the order dtd. 20/8/2016 passed by the respondent No.2 herein (Annexure-F) to the writ petition.

(2.) The facts in nutshell are that, petitioners 1 to 3 are the sons of the respondent No.1 herein and petitioner No.4 is the younger brother of the respondent No.1. It is the case of the petitioners that the respondent No.1 is the karta of the family, as the respondent No.1 is the eldest son of late Channagirigowda. It is the case of the petitioner that the property acquired by respondent No.1 are the joint family property and in this connection, petitioners 1 to 3 have filed suit in OS No.343 of 2015 on the file of the Civil Judge, Kunigal seeking partition and separate possession in respect of the joint family properties. It is also stated by the petitioners that the respondent No.1 has approached the second respondent herein under Sec. 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short hereinafter referred to as the "Act") and the respondent No.2 herein, without considering the pendency of the suit referred to above, directed the petitioners herein to vacate the self-acquired residential house by the respondent No.1 situate in Survey No.50/1 and also the agricultural property. Feeling aggrieved by the same, the petitioners have presented this writ petition.

(3.) Upon service of notice, the respondent No.1 entered appearance and filed detailed statement of objection.