HC-KAR NC: 2026:KHC:8418 WP No. 23783 of 2022 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 23783 OF 2022 (GM-CPC) BETWEEN: 1. M/S. ELITA PROMENADE APARTMENT OWNERS, AT KOTHNUR VILLAGE, J. P. NAGAR, 7TH PHASE, PUTTENAHALLI, BANGALORE-560 078, REPRESENTED BY THEIR AUTHORIZED AGENTS. MR. NARAYANASWAMY S/O. LATE SRI. VIDYANATHA IYER, AGED ABOUT 73 YEARS, 2. MR. SRINIVASA VARADHAN S.V. S/O. SRI. P.S.VENUGOPALAN, AGED ABOUT 63 YEARS, 3. SRI. KANGEYAN T.G. S/O. SRI. GANGADHARAN.D, AGED ABOUT 49 YEARS, (AS MEMBERS OF SPECIAL PURPOSE VEHICLE) …PETITIONERS (BY SRI. Y.K.NARAYANA SHARMA., ADVOCATE) AND: 1. M/S. KEPPEL PURAVANKARA DEVELOPMENT PVT. LTD., (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956) HAVING ITS REGD. OFFICE AT NO.30/1, ULSOOR ROAD, HC-KAR NC: 2026:KHC:8418 WP No. 23783 of 2022 - 2 - BANGALORE-560 042, REP. BY ITS DIRECTOR, SRI. PETER CHEW CHENG MING. 2. M/S. KEPPEL LAND LIMITED, (A COMPANY INCORPORATED UNDER THE LAWS OF SINGAPORE), OFFICE AT NO.230, VICTORIA STREET, NO.15-05, BUGIS JUNCTION TOWERS, SINGAPORE-188 024, REP. BY ITS CHAIRMAN, MR. CHOO CHIAU BENG. 3. M/S. ELITA PROMENADE APARTMENT OWNERS’ ASSOCIATION, NO. 191, 18TH MAIN, BEERESHWARANAGAR MAIN ROAD, J. P.NAGAR, 7TH PHASE, BANGALORE-560 078, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (R3-SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-SET ASIDE THE ORDER DTD 04.08.2022 PASSED BY OS.NO.8192/2011 IN THE COURT OF XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU (CCH-3) ON I.A.NO.3 AS PER ANNEXURE-R AND TO DISMISS I.A.NO.3. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: HC-KAR NC: 2026:KHC:8418 WP No. 23783 of 2022 - 3 - CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. Learned counsel for the petitioners submits that the matter is proceeding and is at the stage of trial. Learned counsel for the petitioners further submits that the since the address of the respondent Nos.1 and 2 had changed, respondent Nos.1 and 2 has been served through the counsel appearing before the Trial Court for both respondents. He seeks to rely upon a memo dated 05.02.2026 in this behalf. 2. None appears for the respondents despite service. 3. After some arguments, learned counsel seeks and is granted liberty to withdraw the present petition. 4. Petition is dismissed as withdrawn. 5. The petitioners are however not precluded from raising their contentions before the learned Trial Court. It is clarified that the Court has not examined the matter on HC-KAR NC: 2026:KHC:8418 WP No. 23783 of 2022 - 4 - merits, the rights and contentions of both parties are left open to be agitated before the Trial Court. Sd/- (TARA VITASTA GANJU) JUDGE NR List No.: 2 Sl No.: 2 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA