- 1 - HC-KAR NC: 2025:KHC:48019 WP No. 33148 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. 33148 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 …PETITIONER (BY SRI. SHRIKARA P.K, ADVOCATE) AND: 1. JITESH LOHANI FATHERS NAME NOT KNOWN, AGED ABOUT 46 YEARS, RESIDING AT FLAT-4118, TOWER-4 PRESTIGE SHANTINIKETAN, ITPL MAIN ROAD, WHITEFIELD, BENGALURU - 560 066. 2. KARNATAKA REAL ESTATE, REGULATORY AUTHORITY, 2ND FLOOR, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU - 560 027 REPRESENTED BY ITS CHAIRMAN. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48019 WP No. 33148 of 2024 3. 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. SHIVAKUMAR, ADVOCATE FOR R1; SRI. K.V. GIRISH, ADVOCATE FOR R2; R3 - KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED DEMAND / OFFICE OBJECTIONS RAISED BY R-4 (VIDE ANNX-A) REQUIRING THE PETITIONER TO DEPOSIT 100 PERCENT OF THE AMOUNT AWARDED BY R-2 IN ITS ORDER DATED 16.09.2022 IN CMP/191108/0004568 TOGETHER WITH INTEREST THEREON AS A PRE-CONDITION FOR ENTERTAINING THE APPEAL IN F.R.NO. 124 OF 2024 (A.O). PENDING BEFORE THE R3 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ 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.2 in its Order dated 16.09.2020 in CMP/191108/0004568 together with interest thereon as a pre-condition for entertaining the Appeal in F.R. No. 124 of 2024 (A.O) 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 - 3 - HC-KAR NC: 2025:KHC:48019 WP No. 33148 of 2024 Petitioner for entertaining of the appeal in F.R. No. 124 of 2024 (Α.Ο); (c) Quashing the Impugned Order dated 16.09.2020 passed by the Respondent No.2 in CMP/191108/0004568 (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 F) and 04.05.2016 (Annexure F1) 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 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. 3. Accepting the said submission, the petition is dismissed as having become infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 96