- 1 - HC-KAR NC: 2025:KHC:27305 WP No. 28666 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28666 OF 2023 (GM-RES) BETWEEN: 1. M/S SREE SENIOR HOMES S-615, MANIPAL CENTRE 47, DICKENSON ROAD, BENGALURU 560042 REPRESENTED BY MR H S SREENATH PARTNER THE COMPANY REGISTERED INDIAN PARTNERSHIP ACT 1932. …PETITIONER (BY SRI. SRINIVAS L, ADVOCATE) AND: 1. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO 1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, SILVER JUBILEE BLOCK UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU 560027 REP. BY ITS CHAIRMAN. 2. SHARADINDU SENIOR COMUNE OWNERS ASSOCIATION 254, KERETHONNUR ROAD, RANGANA KOPPALU VILLAGE, KASABAHOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT, KARNATAKA 571434 REP. BY ITS PRESIDENTS MR. M K RAJARAJU. …RESPONDENTS (BY SRI. GOWTHAMDEV C ULLAL., ADVOCATE FOR R1; SRI. RAJADITHYA SADASIVAN, ADVOCATE FOR C/R2) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27305 WP No. 28666 of 2023 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10/10/2023 PASSED BY R1 VIDE ANNEXURE-A IN COMPLAINT NO. CMP/220803/0009845 TO THE WP. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the correctness of the order at Annexure-A in Complaint No.CMP/220803/0009845 which is an order passed under Section 31 as regards the complaint filed. 2. It is submitted that, as on the date of matter being decided on 10.10.2023, the Karnataka Real Estate Regulatory Authority was not functioning and accordingly, the present petition was filed. 3. Both sides state that the Appellate Authority is at present functioning. 4. In light of petitioner having remedy under Section 44 of the Act as against the impugned order, it would be - 3 - HC-KAR NC: 2025:KHC:27305 WP No. 28666 of 2023 appropriate to relegate the parties to avail of the appeal remedy. 5. The appeal if filed within a period of four weeks from today is to be taken on record without raising any objection on delay in light of non-functioning of the Appellate Authority as on the date of filing of the writ petition. 6. The interim order passed in the present writ petition while entertaining the writ petition on 20.12.2023 would continue to be in operation till the request for interim prayer is considered by the Appellate Authority upon filing of the appeal. 7. Accordingly, the petition is disposed off. All contentions are kept open. 8. Registry to return all the original documents/certified copies found in the file after keeping photocopies of the same for reference. Sd/- (S SUNIL DUTT YADAV) JUDGE NP