- 1 - HC-KAR NC: 2025:KHC:32309 WP No. 24226 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24226 OF 2025 (GM-RES) BETWEEN: SRI LOKESH RAO S/O GOVIND RAO N, AGED ABOUT 54 YEARS, RESIDING AT NO. 53, 12TH CROSS, 19TH MAIN ROAD, MUNESHWARA BLOCK, AVALAHALLI GFF POST, BENGALURU - 560026. …PETITIONER (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY COMPETENT AUTHORITY SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARIA TOWERS, BENGALURU - 560009. 2. M/S INVESTEC AND INVESTEC BUILDERS AND DEVELOPERS PVT LTD., NO.377, 2ND FLOOR, 7TH CROSS, 2ND MAIN, AIRPORT ROAD, DOMLURU LAYOUT, BENGALURU - 560071 REPRESENTED BY ITS MANAGING DIRECTOR SRI SURESH N KRISHNAMURTHY. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32309 WP No. 24226 of 2025 3. SRI N SURESH KRISHNAMURTHY S/O N KRISHNAMURTHY RESIDING AT "SAMRUDDI" VISHWESHWARAIAH ROAD, VIDHYANAGAR HASSAN - 573201. 4. SMT. VEENA SURESH W/O N SURESH KRISHNAMURTHY RESIDING AT SAMRUDDI VISHWESHWARAIAH ROAD, VIDHYANAGAR, HASSAN - 573201. 5. SRI R SRIRANGA S/O THALWVANE MANJAPPA, RESIDING AT N. K28, 1ST FLOOR, 6TH CROSS, KEMPAIAH BLOCK, PALACEGUTTALLI, BENGALURU - 560003. 6. SRI SANJEYA CHAKRAVARTHY S/O CHAKRAVARTHI COMPLEX SAJJAN RAO CIRCLE, BENGALURU RESIDING AT NO. 492/H 7TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU -560082. 7. SRI M S SHIVASHANKAR S/O LATE MAKAM SATYANARAYANA SHETTY RESIDING AT SRI KRISHNA, 3RD CROSS, K R EXTENSION, TUMKUR - 572101. 8. SMT. S SAVITHA W/O RAJESH, NO.910, 4TH CROSS, BTM 2ND STAGE, BENGALURU - 560076. - 3 - HC-KAR NC: 2025:KHC:32309 WP No. 24226 of 2025 9. SMT. PALLAVI OM PRAKASH W/O OM PRAKASH, RESIDING AT JAGRUTHI, NO.4, C SERVICE ROAD, 14TH CROSS, 1ST MAIN ROAD, 5TH BLOCK, 6TH SECTOR, HSR LAYOUT, BENGALURU - 560031. 10. SRI A S RANGE GOWDA S/O SUBBE GOWDA AGED ABOUT 56 YEARS 11. SRI DIWAKAR S/O A S SANGE GOWDA, AGED ABOUT 56 YEARS 12. SRI VISHWAS S/O RANGE GOWDA AGED ABOUT 56 YEARS ALL THE RESPONDENT NO. 10 TO 12 ALL ARE RESIDING AT NO. 103, 1ST CROSS, K. S. COLONY, R K BLOCK, THYAGARAJA NAGARA, BENGALURU - 560028. …RESPONDENTS (BY SRI.VEERESH BUDHIHAL., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 18.01.2020 IN MISC CASE NO. 728/2009 ON THE FILE OF PRL. CITY CIVIL - 4 - HC-KAR NC: 2025:KHC:32309 WP No. 24226 of 2025 AND SESSIONS JUDGE BANGALORE AS PER ANNEXURE-A IN SO FAR A SCHEDULE PROPERLY; II) QUASH THE IMPUGNED ORDER DATED 15.03 2025 IN MISC CASE NO. 212 OF 2025 ON THE FILE OF XCI ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BANGALORE AS PER ANNEXURE-B AND CONSEQUENTLY ALLOW THE MISC PETITION FILED BY THE PETITIONER UNDER MISC CASE NO. 212 OF 2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the order dated 18.01.2020 in Miscellaneous Case No. 728/2009 on the file of the Principal City Civil and Sessions and Judge, Bengaluru [for short, 'the Special Court']. The Special Court, by this impugned order, has attached the property under the provisions of the Karnataka Protection of Interest of Depositors in Financial Institutions Act, 2004 [for short, 'the Act'], and the XCI Additional City Civil and Sessions Judge, Bengaluru by the next impugned order dated - 5 - HC-KAR NC: 2025:KHC:32309 WP No. 24226 of 2025 15.03.2020 in Misc. No.212/2025 has rejected the order dated 18.01.2020. The Additional District Judge has opined that the provisions of the Code of Civil Procedure, 1908 cannot be invoked in the proceedings. However, the learned counsel cannot dispute that both these grounds would be available to the petitioner in the appellate remedy under Section 16 of the Act, and this Court does not find any exceptional circumstance to invoke the jurisdiction under Article 226 of the Constitution of India. Therefore, subject to all justifications, the petition stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE AN/-