- 1 - HC-KAR NC: 2025:KHC:24600 WP No. 14879 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14879 OF 2025 (GM-RES) BETWEEN: 1. PRATHIBA PATHAK D/O MANJUNATH, AGED ABOUT 37 YEARS, R/AT NO.2992/1, NEW NO.27/1, 3RD MAIN ROAD, V V PURAM, DEVARAJA MOHALLA, MYSORE. 2. PATHAK DEVELOPERS PVT. LTD., OFFICE AT NO.2997/2, RUKMA COMPLEX, KALIDASA ROAD, MYSORE. REPRESENTED BY DIRECTOR. …PETITIONERS (BY SMT. PRATHIBA PATHAK AND THE DIRECTOR, PATHAK DEVELOPERS PVT. LTD., PETITIONERS) AND: 1. TAHSILDAR OFFICE OF TAHSILDAR, MYSORE TALUK, MYSORE. 2. REGIONAL COMMISSIONER MYSORE DIVISION, HUNNUR ROAD, MYSORE - 570 005. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24600 WP No. 14879 of 2025 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY, 2ND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION RD, SAMPANGI RAMA NAGARA, BENGALURU - 560 027. 4. SMT. SHILPA KAMATH W/O DR. SHASHIDHAR KAMATH, AGED MAJOR, NO. 377, 2 ND MAIN, GOKULAM 3 RD STAGE, MYSORE - 570 002. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1 AND R2; SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R3; SRI. S.D.N. PRASAD, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. SETTING ASIDE ANY NOTICE / ORDER AS AGAINST THE PETITIONERS PURSUANT TO THE IMPUGNED ORDER DATED 30.09.2020 ISSUED BY THE RESPONDENT NO. 3 IN COMPLAINT BEARING CMP NO. 180303/0000536 BEFORE THE KARNATAKA REAL ESTATE AND REGULATORY AUTHORITY (PRODUCED AS ANNEXURE A) AND ALL PROCEEDINGS ARISING THEREFROM AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24600 WP No. 14879 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER This Court on 03.06.2025 had passed the following order: "Learned Additional Government Advocate is directed to accept notice for respondents 1 and 2. Sri. Gouthamdev C Ullal, learned counsel is directed to accept notice for respondent No.3. Learned counsel for the petitioners to serve a copy of the petition papers upon the learned Additional Government Advocate and the learned counsel, forthwith. The petitioners are before the Court calling in question the order of the RERA which directed the developer to return Rs.18,10,000/- along with interest to the complainant. The allegation of the petitioners is that they were not heard in the matter and the matter had to be notified to them on account of the COVID-19 standard operating procedure in place. The learned counsel for petitioners would submit that a cheque for Rs.10,00,000/- would be handed over to the learned counsel for the respondent/complainant. The learned counsel for the respondent would object to the same, on the score that on an earlier occasion as well, a cheque was handed over and it had been dishonoured. In that light, the learned counsel for petitioners seeks a week's time to produce a demand draft for Rs.10,00,000/- instead of a cheque. The demand draft for Rs.10,00,000/- shall be paid on or before 12.06.2025, failing which, the petition would not be entertained. - 4 - HC-KAR NC: 2025:KHC:24600 WP No. 14879 of 2025 Till such time, the auction of any kind of the schedule property of the petitioners shall remain stayed. Therefore, list this matter on 12.06.2025 at 3:30 p.m. for further hearing. Hand delivery of the order is permitted." 2. The learned counsel appearing for the respondent submits that not a rupee has been paid, pursuant to the order passed by this Court. Therefore, the petition does not deserve any further indulgence. 3. The interim order stands vacated with liberty to seek its restoration on compliance with the order dated 03.06.2025. 4. Pendency of this petition will not come in the way of any further proceedings before any Court. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 135 CT: BHK