- 1 - HC-KAR NC: 2025:KHC:48027 WP No. 35058 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35058 OF 2024 (GM-RES) BETWEEN: LILY REALTY PVT. LTD., A COMPANIES UNDER THE COMPANIES ACT, 2013 HAVING OFFICE AT, A-SHOP-12, FLOOR-1, PLOT-2, A BLOCK, DATTATRAYA NIWAS, GOKHALE ROAD (SOUTH), PORTUGUESE CHURCH DADAR (W) MUMBAI - 400 028, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, MR. RAJU M., LEGAL HEAD 2ND FLOOR, DODDAMANE, NO.19/1, VITTAL MALLYA ROAD, BENGALURU - 01. …PETITIONER (BY SRI. GEORGE JOSEPH, ADVOCATE) AND: 1. HRISHIKESH MURUKKATHAMPONDI FATHERS NAME KNOWN, AGED MAJOR, 2. PRABHA SUNDAR FATHERS NAME KNOWN, AGED MAJOR, BOTH RESPONDENT NO.1 AND 2 RESIDE AT 2053, SOBHA PALLADIAN, KARIAMMANA AGRAHARA ROAD, CENTRAL HAL TOWNSHIP, OFF YAMLUR SIGNAL, MARATHAHALLI, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48027 WP No. 35058 of 2024 BENGALURU - 560 037. 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU - 560 027 REPRESENTED BY ITS CHAIRMAN 4. KARNATAKA REAL ESTATE APPELLATE TRIBUNAL 2ND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU - 560 027 REPRESENTED BY ITS CHAIRMAN …RESPONDENTS (BY SRI. APPAIAH P.B, ADVOCATE FOR R1 AND R2; SRI. K.V. GIRISH, ADVOCATE FOR R3; R4- KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-(I) QUASHING IMPUGNED DEMAND / OFFICE OBJECTION RAISED BY RESPONDENT NO.3 (VIDE ANNEXURE-A) REQUIRING THE PETITIONER TO DEPOSIT 100PERCENT OF THE AMOUNT AWARDED BY RESPONDENT NO.3 IN ITS ORDER DATED 05.12.2019 IN CMP/190616/0003311 TOGETHER WITH INTEREST THEREON AS A PRE-CONDITION FOR ENTERTAINING THE PETITION IN F.R. NO. 126 OF 2024 PENDING BEFORE THE RESPONDENT NO.3 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:48027 WP No. 35058 of 2024 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) Quashing Impugned Demand / Office Objection raised by Respondent No.3 (vide Annexure-A) requiring the Petitioner to deposit 100% of the amount awarded by Respondent No.3 in its Order dated 05.12.2019 in CMP/190616/0003311 together with interest thereon as a pre-condition for entertaining the Petition in F.R. No. 126 of 2024 pending before the Respondent No.3; Alternatively (b) Directing Respondent No. 3 to waive off the requirement of any deposit to be made by the Petitioner for entertaining of the Petition in F.R. No. 126 of 2024; (c) Quashing the Impugned Order dated 05.12.2019 passed by the Respondent CMP/190616/0003311 (vide Annexure-B); (d) To declare that the period between 07.05.2015 till 05.03.2019 constituted a force majeure event disabling the Petitioner from implementing the project in view of the Orders dated 07.05.2015 (Annexure E) and 04.05.2016 (Annexure E1) of the Hon'ble National Green Tribunal in O.A. No. 222/2014, entitling the Petitioner to an extension of time in handing over of possession to Respondent No. 1-2 as no Occupation Certificate could have been issued by BBMP; and (e) pass such other or further orders as this Hon'ble Court may deem fit to grant in the circumstances of the case in the interests of justice and equity. 2. Learned counsel for the petitioner submits that the relief sought for the in this petition has been rendered infructuous. - 4 - HC-KAR NC: 2025:KHC:48027 WP No. 35058 of 2024 3. Accepting the said submission, the petition is dismissed as having become infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE GJM