- 1 - NC: 2025:KHC:13392 RP No. 436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REVIEW PETITION NO. 436 OF 2024 (-) BETWEEN: HAPPINESS HARMONY PROPERTY DEVELOPERS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT I 4TH FLOOR, ISPAHANI CENTRE, NUNGAMBAKKAM HIGH RD, THOUSAND LIGHTS, CHENNAL – 600 034 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. N.S SRIKANTH …PETITIONER (BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SRI. V.AKSHAY KUMAR JAIN., ADVOCATE) AND: 1. M/S UNISHIRE PROMOTERS PVT LTD A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT PRESENTLY AT NO. 42, CASTLE STREET, ASHOK NAGAR, BENGALURU - 560 025 REP. BY ITS AUTHORISED SIGNATORY SRI. PRATIK K MEHTA 2. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RERA HOUSING, GOVT. OF KARNATAKA, ROOM NO. 213, 2ND FLOOR, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU- 560 001. Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:13392 RP No. 436 of 2024 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO. 1/14, 2ND FLOOR, SILVER JUBILEE PARK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU- 560 027, REPRESENT BY CHAIRMAN. 4. MR. KAILASH CHAND S/O. LATE SOHANLAL AGED ABOUT 57 YEARS, RESIDING AT NO. 493, MODEL COLONY, YESHWANTHPURA, BENGALURU - 560 022. …RESPONDENTS (BY SRI. G.S.VENKAT SUBBA RAO., ADVOCATE FOR R-1; SRI. AZRA J DUNDGE, AGA FOR R-2, SRI. K.RAJASHEKAR, ADVOCATE FOR R-3; SRI. B.S.ANANTHA KRISHNA AND SRI. H. MAHESH KUMAR, ADVOCATE FOR R-4) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE 1908 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO REVIEW THE IMPUGNED ORDER DATED 07.06.2024 (VIDE ANNEXURE- A) PASSED BY THIS HONBLE COURT IN W.P NO. 14615/2024, AND ETC. THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This review petition is directed against the order dated 07.06.2024 passed in W.P.No.14615/2024 whereby the said petition was disposed of as hereunder: - 3 - NC: 2025:KHC:13392 RP No. 436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.14615 OF 2024 (GM-RES) BETWEEN: M/S UNISHIRE PROMOTERS PVT LTD., A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956 AND HAVING ITS OFFICE AT PRESENTLY AT NO.42, CASTLE STREET, ASHOK NAGAR, BENGALURU-560 025. REP. BY ITS AUTHORISED SIGNATORY SRI. PRATIK K MEHTA. …PETITIONER (BY SRI. G S VENKAT SUBBA RAO, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RERA HOUSING, GOVT., OF KARNATAKA, ROOM NO.213, 2ND FLOOR, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU 560 027. REPRESENT BY CHAIRMAN. 3. MR. KAILASH CHAND S/O.LATE SOHANLAL AGED ABOUT 57 YEARS, RESIDING AT NO. 493, MODEL COLONY, YESHWANTHPURA, BANGALORE-560 022. …RESPONDENTS (BY SRI. SUDEV HEGDE., AGA FOR R-1 SRI. K. RAJASHEKAR., ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13/04/2023 REFERENCE REGISTRATION NO. PRM/KA/RERA/1251/446/PR/180561/001684 PASSED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY I.E. R2 HEREIN, VIDE ANNEXURE-A. - 4 - NC: 2025:KHC:13392 RP No. 436 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard learned counsel Sri. G.S. Venkat Subba Rao appearing for the petitioners, learned ASG, Sri. Sudev Hegde, appearing for respondent No.1 and learned counsel, Sri. K. Rajashekar for respondent No.2. 2. The prayer that is sought is appealable before the Appellate Tribunal. The petition is preferred in the wake of Appellate Tribunal not being constituted. The Appellate Tribunal is now constituted by a Notification of the State Government on 20.04.2024. 3. Therefore, till the Appellate Tribunal takes up the appeals of the petitioners or for a period of twelve weeks, whichever is earlier, the respondents shall not precipitate the matter against the petitioners. 4. With the aforesaid observations, the writ petition stands disposed of. 2. Heard learned Senior Counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. As is clear from the aforesaid final order, the petitioner herein who claims right through respondent No.3-Kailash Chand, was not arrayed as party to the writ petition. It is also an undisputed - 5 - NC: 2025:KHC:13392 RP No. 436 of 2024 fact borne out from the material on record that aforesaid Kailash Chand, who is arrayed as respondent No.3 in writ petition, was not heard before the aforesaid order was passed by this Court. 4. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that respondent – Kailash Chand was not notified of the aforesaid writ petition or was heard couple with the fact that the petitioner herein claims right through aforesaid Kailash Chand, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to allow the review petition and restore the writ petition to be decided in accordance with law by issuing certain directions. 5. In the result, I pass the following: ORDER i) The review petition is hereby allowed. ii) The order dated 07.06.2024 passed by this Court in W.P.No.14615/2024 is hereby set aside and the said W.P.No.14615/2024 is restored to file. - 6 - NC: 2025:KHC:13392 RP No. 436 of 2024 iii) Registry is directed to restore W.P.No.14615/2024 to file and post before the appropriate bench having roster, which shall be considered after providing an opportunity to the both the parties. iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. v) I.A.No.1/2025 filed by the respondent is disposed of reserving liberty in favour of respondent No.1 to take recourse to such remedies as available under law including seeking revival of C.C.C.No.1425/2024 which was disposed of during the pendency of the present review petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 45