Disposed

Smt. Drakshayanamma v. The Assistant Commissioner

Karnataka HC3 Jun 2024WP/13920/2020

Case brief

AI extract

What is this about?

Petitioners challenged a Tribunal order under the Senior Citizens Act requiring return of money allegedly fraudulently transferred by the deceased complainant. With respondent's death, the court held the order unenforceable against his sole legal representatives and disposed of the petition without deciding on merits.

What did the court decide?

Impugned order left unenforceable due to death of respondent No. 2; petition disposed of without merits decision.

Smt. Drakshayanamma Vs The Assistant Commissioner — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:18869 WP No. 13920 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 13920 OF 2020 (GM-RES)

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BETWEEN:

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SMT. DRAKSHAYANAMMA W/O DAYANANDA AGED 34 YEARS, R/O SOREKUNTE MAJARE BOMMEGOWDANAPALYA, BELLAVI HOBLI-572 128 TUMAKURU TALUK AND DISTRICT.

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SRI.DAYANANDA.S S/O SHIVARUDRAIAH AGED 45 YEARS, R/O SOREKUNTE MAJARE BOMMEGOWDANAPALYA, BELLAVI HOBLI-572 128 TUMAKURU TALUK AND DISTRICT.

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SHIVAMMA W/O RUDRAPPA @ RUDRAIAH AGED 75 YEARS,

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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R/O SOREKUNTE MAJARE

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BOMMEGOWDANAPALYA, BELLAVI HOBLI-572 128 TUMAKURU TALUK AND DISTRICT.

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…PETITIONERS

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(BY SRI. V B SIDDARAMAIAH.,ADVOCATE)

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AND:

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The ASSISTANT COMMISSIONER PRESIDENT ENFORCEMENT TRIBUNAL TUMAKURU SUB DIVISION MINI VIDHANA SOUDHA TUMAKURU-572 102 TUMAKURU TALUK AND DISTRICT.

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2 - NC: 2024:KHC:18869 WP No. 13920 of 2020

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SRI.RUDRAPPA @ RUDRAIAH S/O LATE HUCHHAPPA AGED 84 YEARS, R/O SOREKUNTE MAJARE BOMMEGOWDANAPALYA, BELLAVI HOBLI-572 128 TUMAKURU TALUK AND DISTRICT.

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…RESPONDENTS

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(BY SRI. MANJUNATH K.,HCGP FOR R1; R2 SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ORDER TO SET ASIDE THE ORDER, DATED 16.11.2019, PASSED BY HE ASSISTANT COMMISSIONER AND PRESIDENT, ENFORCEMENT TRIBUNAL, TUMAKURU SUB DIVISION, TUMAKURU, IN CASE BEARING NO.PaPoSam AND SENIOR CITIZEN PROTECTION ACT.NO.31/19-20, VIDE ANNEXURE-E AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Respondent No. 2 had filed a petition under Subsection 3 of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before Respondent No. 1. The petition alleged that the petitioner had fraudulently transferred an amount of Rs. 37,00,000 in the name of Petitioner No. 2 for the maintenance of Petitioner No. 3. In response, Respondent No. 1 issued the impugned order directing Petitioner No. 2 to return the allegedly fraudulently transferred amount of Rs. 37,00,000.

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Petitioner No. 1 is the daughter, Petitioner No. 2 is the son-in-law, and Petitioner No. 3 is the wife of Respondent No. 2. The learned counsel for the petitioners, upon instructions, submitted that Respondent No. 2 is deceased. This Court, by an

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3 - NC: 2024:KHC:18869 WP No. 13920 of 2020

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order dated December 4, 2020, had granted an interim stay on the operation of the impugned order.

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Given the death of Respondent No. 2 and the fact that the petitioners are the sole legal representatives of the deceased Respondent No. 2, the impugned order cannot be enforced. Consequently, the relief sought in the petition no longer requires consideration.

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Accordingly, the petition stands ' disposed of' .

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Sd/JUDGE

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PHM

Smt. Drakshayanamma v. The Assistant Commissioner

Case brief

What is this about?

What did the court decide?

Smt. Drakshayanamma v. The Assistant Commissioner

Case brief

What is this about?

What did the court decide?

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