- 1 - HC-KAR NC: 2025:KHC:50120 WP No. 20053 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.20053 OF 2023 (GM-RES) BETWEEN: 1. SREE SAPTHAMATHRUKA 5 AND NANDI NAGAR OFFICE AT NO.53 SRI. CHAMBERS, 2ND FLOOR, OPP. NETTAKALLAPA BUS STOP, SUBBARAMACHETTY ROAD, BASAVANAGUDI, BENGALURU-560004 REPRESENTED BY ITS PROPRIETOR SRI. SHREEVATSAA S/O LATE SRINIVASA MURTHY, AGED ABOUT 57 YEARS, …PETITIONER (BY SRI. GANAPATHY BHAT VAJRATHI, ADVOCATE) AND: 1. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING C.S.I COMPOUND, 3RD CROSS, MISSION ROAD, BENGLAURU-560027 REPRESENTED BY ITS SECRETARY. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50120 WP No. 20053 of 2023 2. SRI.C. KANTHARAJU FATHER NAME NOT KNOWN, AGED : MAJOR, R/AT NO. 1938, 5TH CROSS, AG BORAIAH ROAD, SRI RANGA NAGAR, BANASHANKARI 3RD STAGE, BENGALURU-560085. 3. ESS AND SS INFRASTRUCTURE PRIVATE LIMITED NO. 1112, SECOND FLOOR, G AND H BLOCK, GANGANACHUMBI DOUBLE ROAD, KUVEMPUNAGAR, MYSURU-570023 REPRESENTED BY ITS PROPRIETOR. …RESPONDENTS (BY SRI. GIRISH K V., ADVOCATE FOR R1; SRI. V.B. RAVISHANKAR, ADVOCATE FOR R2; R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03/04/2023 IN COMPLAINT NO. CMP/220512/0009453, PASSED BY THE 1ST RESPONDENT AUTHORITY, AS PER ANNEXURE-C. QUASHING THE IMPUGNED EXECUTION ORDER DATED 04/07/2023 IN COMPLAINANT NO. CMP/220512/0009453, PASSED BY THE RESPONDENT NO.1 - AUTHORITY, AS PER ANNEXURE-G. - 3 - HC-KAR NC: 2025:KHC:50120 WP No. 20053 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioner is assailing the order dated 03.04.2023 in complaint No.CMP/220512/0009453 passed by the respondent No.1 (Annexure-C) and the order dated 04.07.2023 executing the order dated 03.04.2023, passed by respondent No.1, vide Annexure-G to the writ petition. 2. Having taken note of the submissions made by the learned counsel appearing for the parties, as the Appellate Tribunal is functioning as per the provisions of the Real Estate (Regulation & Development) Act, 2016, and the petitioner has filed Appeal in Appeal (KREAT) No.79/2023 before the Appellate Tribunal wherein, the petitioner has sought for interim measure as well in the matter, as per Annexure-E, I am of the view that, the Appellate Tribunal shall consider the appeal and the interim application preferred by the petitioner, expeditiously. - 4 - HC-KAR NC: 2025:KHC:50120 WP No. 20053 of 2023 3. In that view of the matter, the Appellate Tribunal is directed to conclude the matter within a period of four months from the date of receipt of certified copy of this order. 4. It is made clear that, as this Court has granted interim order dated 21.09.2023, the interim order passed by this Court shall continue and enure to the benefit of the petitioner till the conclusion of the appeal presented by the petitioner seeking interim measure before the Appellate Tribunal. 5. With the above observation, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 42