- 1 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 13412 OF 2024 (GM-CPC) BETWEEN: SOBHA FOREST VIEW APARTMENT OWNERS ASSOCIATION VAJRAHALLI 100 FEET ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 REPRESENTED BY ITS SECRETARY, SRI. CHANDRA SHEKAR. …PETITIONER (BY SRI. RAJENDRA M.S, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND: 1. SRI. CHANDRASHEKHAR GOWDA S/O SHIVANANJIAHA N, AGED ABOUT 38 YEARS, NO.8012, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI, 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062. 2. KUM. VELAMOOTTO W/O POOBALEN VELAMOOTOO, Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 AGED ABOUT 42 YEARS, NO.8021, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 3. SRI VIJAY KOTESWARAN S/O SRI B KOTEESWARAN, AGED ABOUT 40 YEARS, NO.8031, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 4. SRI JITENDRANA CHEMBIL KAKKITTANPARA S/O SRI GOPINATH MEEMPAT, AGED ABOUT 45 YEARS, NO.8034, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 5. SRI. ANIRUDH BORGAONKAR S/O SRI LATE ARUNKUMAR BORGAONKAR, AGED ABOUT 45 YEARS, NO.8041, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD - 3 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 LINGADHEERANAHALLI BENGALURU - 560 062 6. SRI SATISH SUBRAMANIAM S/O SRI SUBRMANIAN N, AGED ABOUT 51 YEARS, NO.8042, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 7. SMT. USHA PRABHU W/O SRI PRABHU, AGED ABOUT 66 YEARS, NO.8043, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 8. SRI. MOHANDAS KIZHAKKEKERAMAL S/O SRI. G V D MARAR, AGED ABOUT 69 YEARS, NO.8045, ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 9. SRI SHAHID RAHMAN S/O SRI. S K ABDUR RAHMAN, - 4 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 AGED ABOUT 37 YEARS, NO.8051 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 10. SRI VIJAYAN GOVINDRAJAN S/O SRI GOPINATH GOVINDARAJAN, AGED ABOUT 63 YEARS, NO.8052 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 11. SRI B V KRISHNAPRASAD SETTY S/O SRI B N V SETTY, AGED ABOUT 59 YEARS, SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 12. SRI PRADEEP B G S/O SRI LATE GURURAJA RAO B S, AGED ABOUT 41 YEARS, SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 - 5 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 13. SRI S SANTHOSH NARAYAN S/O LATE SRI K N SHAMA SUNDAR, AGED ABOUT 42 YEARS, NO.80821 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 14. SRI SUJESH KUMAR RAVEENDRAN S/O P V RAVEENDRAN, AGED ABOUT 43 YEARS, NO.8085 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 15. SMT VIJAYA KRISHNAN W/O SRI KRISHNAN, AGED ABOUT 61 YEARS, NO.8091 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 16. DR ANIL KUMAR M R S/O SRI RAJEGOWDA, AGED ABOUT 34 YEARS, NO.8092 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, - 6 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 17. SRI NEETHESH KUNNEL THOMAS S/O SRI K A THOMAS, AGED ABOUT 43 YEARS, NO.8101 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 18. DR AJITH RAMASWAMY S/O SRI K RAMASWAMY, AGED ABOUT 39 YEARS, NO.8103 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 19. SRI RAMAPRASAD RAI B P S/O SRI AITHAPPA RAI, AGED ABOUT 51 YEARS, NO.8104 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 - 7 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 20. SRI LAKSHMI GOPALAKRISHNAN S/O SRI V GOPALAKRISHNAN AGED ABOUT 30 YEARS, NO.8105 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 21. SMT T V PADMALATHA W/O SRI K A RAGHU AGED ABOUT 50 YEARS, NO.8113 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 22. SRI SUBRAMANYA ANANTHNARAYAN S/O SRI ANANTHNARAYAN PURANICK, AGED ABOUT 46 YEARS, NO.8114 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 23. SRI SURESH SIRNIVASAN S/O SRI A SRINIVASAN, AGED ABOUT 42 YEARS, NO.8113 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, - 8 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 24. SRI RAHUL SINGH S/O SRI PRADEEP KUMAR SINGH, AGED ABOUT 29 YEARS, NO.8141 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 25. SRI BALAJI GOPALAKRISHNAN S/O SRI R GOPALAKRISHNAN, AGED ABOUT 52 YEARS, NO.8143 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 26. SRI M S MAHENDRA S/O SRI M N SUNDARAJ, AGED ABOUT 56 YEARS, NO.8144 AND 8155 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 - 9 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 27. SMT HIMANI SRIVASTAVA W/O SRI ATUL SRIVASTAVA, AGED ABOUT 43 YEARS, NO.8152 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 28. SRI PRAMOD RAGHUNATH S/O SRI C A RAGHUNATH, AGED ABOUT 38 YEARS, NO.8152 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 29. SRI MOHAN KUMAR BELLIAPPA PARVANGADA S/O SRI P K BELLIAPPA, AGED ABOUT 56 YEARS, NO.5144 ALDER BLOCK SHOBHA FOREST VIEW APARTMENTS, VAJRAHALLI 100 FT ROAD, OFF KANAKAPURA ROAD LINGADHEERANAHALLI BENGALURU - 560 062 30. M/S SOBHA DEVELOPERS LTD., NO.51/5, SARJAPUR MARTHAHALLI OUTER RING ROAD, DEVARABISANA HALLI, BELLANDUR POST, - 10 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 BENGALURU - 560 103 REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE ORDER DATED 20.01.2024 IN MA NO. 103/2024 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BENGALURU AND FURTHER BE PLEASED TO SET ASIDE THE ORDER DTD. 13.09.2019 PASSED BY THE COURT OF THE III ADDL. CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ON IA NO. 1 FILED UNDER ORDER 39 RULES 1 AND 2 OF CP CODE AND BE PLEASED TO REJECT THE SAID APPLICATION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned counsel for the petitioner submits that O.S.No.775/2019 out of which, this writ petition arises has been already disposed of and therefore, this writ petition does not survive for consideration, he also filed a memo to this effect. - 11 - HC-KAR NC: 2025:KHC:51414 WP No. 13412 of 2024 2. Submission and memo taken on record. Accordingly, the petition is dismissed as having rendered infructuous. Sd/- (S VISHWAJITH SHETTY) JUDGE rv List No.: 1 Sl No.: 6