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Karnataka High Court · body

2022 DIGILAW 1332 (KAR)

I. R. nagesh v. Deputy Commissioner

2022-10-10

M.NAGAPRASANNA

body2022
JUDGMENT/ORDER 1. The petitioner calls in question an order dtd. 21/11/2019, passed by respondent No.1 - the Deputy Commissioner and Appellate Tribunal (for short 'the Tribunal') constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby, the Tribunal annulled the gift deed executed by the mother in favour of her children. 2. Heard Sri Prakash M.H., learned counsel for the petitioner, Smt. Rashmi Patil, learned High Court Government Pleader for respondent Nos.1 and 2 and Sri Pradeep Naik, learned counsel for respondent Nos.3 and 5 and Smt. Sree Vidya, learned counsel for respondent No.4. 3. The applicant before the Tribunal was the mother of the petitioner. The allegation of the mother of the petitioner before the Tribunal was that, she was not taken care of by her children, which was contrary to the gift deed so executed in favour of the petitioner. 4. Learned counsel for the petitioner files a memo appending the death certificate of the applicant before the Tribunal, who dies on 29/8/2020, during the pendency of subject petition. Therefore, the order so rendered by the Tribunal that the mother - applicant was not being taken care of and annulment of gift deed is now rendered untenable, as the applicant herself is no more. Therefore, the order passed by the Tribunal dtd. 21/11/2019, is to be quashed, in the light of the subsequent development, that the applicant before the Tribunal is no more. 5. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed. (ii) The order dtd. 21/11/2019, passed by respondent No.1 - the Deputy Commissioner and Appellate Tribunal, stands quashed.