- 1 - HC-KAR NC: 2025:KHC:52738 WP No. 32321 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32321 OF 2025 (GM-RES) BETWEEN: 1. SRI. SANTOSH VASUDEVA S/O SRI VASUDEVA N AGED ABOUT 45 YEARS 2. SMT. VIVITHA BOSE W/O SRI SANTOSH VASUDEVA AGED ABOUT 45 YEARS BOTH ARE R/AT NO.3/227/A NARAYANA NILAYA AGARA MAIN ROAD HORAMAVU, BENGALURU KARNATAKA-560043. 3. MR CHERIAN A PAUL S/O LATE PAUL CHERIAN AGED ABOUT 73 YEARS 4. MRS SARAMA CHERIAN PAUL W/O CHERIAN A PAUL AGED ABOUT 73 YEARS, BOTH ARE R/AT VILLA NO.C-11 STERLING VILLA GRANDE HOSAKOTE-WHITEFIELD MAIN ROAD SEEGEHALLI, WHITEFIELD BANGALORE-560115. BOTH ARE REP BY SPA HOLDER MR NISHANT AGED ABOUT 40 YEARS R/AT 3/227/A NARAYAN NILAYA, AGARA MAIN ROAD, HORAMAVU Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52738 WP No. 32321 of 2025 BENGALURU, KARNTAKA-560043. …PETITIONERS (BY SRI.S V GIRIDHAR, ADVOCATE FOR SRI. NARENDRA DEV H N., ADVOCATE) AND: 1. KARNATAKA REAL ESTATE REGULATORY AUTHORITY SECOND FLOOR, SILVER JUBILEE BLOCK 3RD CROSS ROAD, CSI COMPOUND MISSION ROAD, SAMPANGI RAMA NAGARA BENGALURU, KARNATAKA-560027 …RESPONDENT (BY SRI. RAJASHEKHAR K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE PORTION OF THE JUDGMENT DATED 02.08.2023 PASSED BY THE HON’BLE KARNATAKA REAL ESTATE REGULATORY AUTHORITY) ( “RERA AUTHORITY”) IN CMP/210223/0007657 ( RERA ORDER ), TO THE EXTENT THAT IT PROHIBITS EXECUTION AND REGISTRATION OF SALE DEEDS BY THE PETITIONERS NO.3 AND 4 IN FAVOUR OF PETITIONER NO. 1 AND 2, AND B PRODUCED AT ANNEXURE- A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: A. Quash and set aside the portion of the judgment dated 02.08.2023 passed by the Hon'ble Karnataka Real Estate Regulatory Authority ("RERA Authority") CMP/210223/0007657 (“RERA Order”), to the extent that it prohibits execution and registration of sale deeds by the Petitioners No.3 and 4 in favour of Petitioner No. 1 and 2, - 3 - HC-KAR NC: 2025:KHC:52738 WP No. 32321 of 2025 and produced as Annexure-A B. Permit the Petitioners No.3 and 4 to execute and register a sale deed in favour of Petitioners No.1 and 2, towards transfer of undivided share to the extent of 0.87% of the land described in Schedule A in terms of the Settlement Agreement dated 23.11.2024 and Addendum to Settlement Agreement dated 17.10.2025. C. Pass such other order/s as this Hon'ble Court deems fit based on the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioners are aggrieved by the prohibition imposed by the Karnataka Real Estate Regulatory Authority vide its order dated 02.08.2023 passed in CMP 210223/0007657, prohibiting the petitioners No.3 and 4 from creating any further sales by way of agreement or executing any sale deed of apartment or creating third party interest until official certificate is obtained. The petitioners No.1 and 2 claiming to be agreement holders, petitioners No.3 and 4 being the landowners, are before this Court contending that petitioners No.3 and 4 wish to execute sale - 4 - HC-KAR NC: 2025:KHC:52738 WP No. 32321 of 2025 deeds in favour of petitioners No.1 and 2 and the petitioners No.1 and 2 wish to receive such sale. 3. The counsel for respondent submits that there is an appeal which has already been filed before the Real Estate Appellate Tribunal, which is pending. 4. Having heard both the counsels, what can be seen from the order passed by the KRERA is that there is a direction to the landowners and developers both considered to be promoters to complete the project with all amenities within 60 days from the date of the order and obtain occupancy certificate and to establish association of allottees under the Karnataka Co-operatives Act or Companies Act within 30 days of the order. 5. In furtherance of which, there is a prohibition which has been imposed as regard the execution of any further sale agreement or sale deed. All these aspects being an issue in an appeal before the - 5 - HC-KAR NC: 2025:KHC:52738 WP No. 32321 of 2025 Karnataka Real Estate Regulatory Authority, I am of the considered opinion that the present proceedings being parallel proceedings are not maintainable. If at all any reliefs are required to be sought for by the petitioners, the same would have to be sought for in the appeal which is pending. Reserving liberty to the petitioners to do so, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 105