- 1 - HC-KAR NC: 2025:KHC:34130 WP No. 13454 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 13454 OF 2024 (GM-RES) BETWEEN: 1. M/S R F DEVELOPERS OFFICE SITUATED AT NO 31 1ST MAIN ROAD OPP MARAMMA TEMPLE KOTE, KENGERI BENGLAURU 560070 REP BY ITS ONE OF PARTNER MR SYED KARAR KHATAI. REGISTERED UNDER PARTNERSHIP ACT, 1932. 2. MR. SYED ABU SUFFIAN KATAI ARIF S/O LATE SYED NURUL HASSAN KATAI AGED ABOUT 57 YEARS R/AT NO 129 JHBCS LAYOUT 3RD CROSS BANASHANKARI BENGALURU CITY 560078. 3. MRS. SYED A MASSRATHUNNISA ARIF Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34130 WP No. 13454 of 2024 W/O SYED ABU SUFFIAN KATAI ARIF AGED ABOUT 54 YEARS R/AT NO 129 JHBCS LAYOUT 3RD CROSS BANASHANKARI BENGALURU CITY 560078. …PETITIONERS (BY SRI.RAKSHAN M.K., ADVOCATE) AND: 1. MRS. UZMA YUSUF W/O MR ANEEFS YUSUF AGED ABOUT39 YEARS R/AT NO 28 10TH CROSS MANURAYANAPALYA R T NAGAR BENGALURU 560032. 2. THE REAL ESTATE REGULATORY AURHTORITY (RERA) 1/14, 2ND FLOOR SILVER JUBLI BLOCK, CSI COMPOUND 3RD CROSS MISSION ROAD UNITY BUILDING SAMAPNGIRAMANAGR - 3 - HC-KAR NC: 2025:KHC:34130 WP No. 13454 of 2024 LMT NAGAR BENGALURU 560027. …RESPONDENTS (BY SRI. I.S. DEVAIAH, ADVOCATE FOR R1; SRI. RAJKUMAR R.,ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- i) QUASHING OR SET ASIDE THE IMPUGNED ORDER DATED 27/02/2024 PASSED BY THE 2ND RESPONDENT AUTHORITY (RERA -5TH ADDITIONAL BENCH) IN THE COMPLAINT NO. 212/2023 RECORDED THAT PETITIONERS (RESPONDENT BEFORE THE RERA) PLACED EX- PARTE AND MATTER POSTED TO RESERVE FOR ORDERS AS PER ANNEXURE-H; ii) DIRECTION TO THE 2ND RESPONDENT AUTHORITY (RERA-5TH ADDITIONAL BENCH) TO GIVE ONE MORE OPPORTUNITY TO THE PETITIONERS TO CONTEST THE CASE IN COMPLAINT NO. 212/2023 BY FILE THEIR VAKALATH, APPLICATION FOR RECALL THE STAGE AND ORDER WITH DETAILED OBJECTIONS WITH NECESSARY DOCUMENTS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34130 WP No. 13454 of 2024 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are the respondents in the complaint with the second respondent in No.212/2023 and their grievance insofar as the present petition lies within a narrow compass which is recorded by this Court on 21.05.2024 in the following terms: 2. It is further submitted that the petitioners herein had instructed one of their employees to represent them before respondent No.2-RERA and that due to miscommunication effective representation could not be made before the respondent No.2-RERA resulting in passing of the impugned order. 3. It is further submitted that the petitioners on returning from Dubai had approached their counsel and had filed their vakalath and applications and sought for recall of the impugned order and for an opportunity to file objections and the documents in the matter, which - 5 - HC-KAR NC: 2025:KHC:34130 WP No. 13454 of 2024 was declined by the respondent No.2- RERA without any orders. 4. Thus, the petitioners submits that they have been rendered remediless inspite of their timely efforts. The short question for consideration is whether the petitioners must have reasonable opportunity to answer the claim against them. Sri Rakshan M K, the learned counsel for the petitioners, and Sri I.S.Devaiah, the learned counsel for the first respondent, are heard, and this Court is of the view that to ensure that there is no protraction there must be interference calling upon the second respondent to extend an opportunity of complete hearing to the petitioners before there are orders on merits but the petitioners must also be on terms. Hence, the following ORDER [a] The second respondent's order dated 27.02.2024 in Complaint No.212/2023 is - 6 - HC-KAR NC: 2025:KHC:34130 WP No. 13454 of 2024 quashed with liberty to the petitioners to complete their pleadings. [b] The petitioners shall, without further notice, appear before the second respondent on 22.09.2025 and they shall on that day complete their pleadings unless the second respondent extends further time. Sd/- (B M SHYAM PRASAD) JUDGE NV