(1.) Heard learned Senior Advocate Mr. Puttige R. Ramesh assisted by learned advocate Mr. A. Srikanth for the appellant, learned Government Advocate Mr. K.S. Harish for respondent Nos.1 and 3 and learned advocate Mr. Ranganath Reddy for respondent No.2.
(2.) This intra-court appeal under Sec. 4 of the Karnataka High Court Act, 1961, impugning the order in Writ Petition No.3165 of 2024, dtd. 2/2/2024.
(3.) The brief facts leading to this appeal are that the appellant- writ petitioner is the son of late P. Krishna. Respondent No.2 is his sibling. Late P. Krishna executed Gift Deed dtd. 27/2/2019 in favour of respondent No.2. The property in question is a residential property bearing No.28/1 in Sy.No.17/3 situated at Subbanna Garden, Adugodi Corporation, Ward No.70, Shanthinagar Ward, Bengaluru, measuring East to West 37'6" and North to South 40'. Late P. Krishna filed a petition under Ss. 4, 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'Act') before respondent No.3- Assistant Commissioner, alleging fraudulent gift deed and denial of basic amenities by his son. The Assistant Commissioner by order dtd. 27/2/2023 allowed the petition by directing to cancel the Gift Deed dtd. 27/2/2019 and Rectification Deed dtd. 2/4/2019.
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