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2026 DAILYLAW 17728 (KAR)

SKANDA RESIDENCY v. SRI. M. B. KARTHIK

WP/20992/2024 · 2026-02-20

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10759-DB WP No. 20992 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 20992 OF 2024 (GM-CON) BETWEEN: 1. SKANDA RESIDENCY OFFICE SRI SKANDA NILAYA, OPP S D M LAW COLLEGE, M G ROAD, KODIALBAIL, MANGALORE - 575009. REP BY A. SMT DEEPTHI KRISHNAKUMAR, AGED ABOUT W/O LATE SRI KRISHNA KUMAR. B. SMT SARASWATHI, M/O LATE SRI KRISHNA KUMAR, C. SRI MANJUNATH BHAT V, B/O LATE SRI KRISHNA KUMAR, LATE SRI KRISHNA KUMAR. 2. SMT DEEPTHI KRISHNAKUMAR AGED ABOUT 39 YEARS, W/O LATE SRI KRISHNA KUMAR, D/O SRI RAMAKRISHNA BHAT, RETIRED TEACHER, SATYA SAI VIHAR, ALIKE - 574235 D K DISTRICT. 3. SMT SARASWATHI AGED ABOUT 86 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10759-DB WP No. 20992 of 2024 M/O LATE SRI KRISHNA KUMAR, NO. 4/44, SRI SKANDA KEMBARU ROAD, ALAPE, PADEEL, MANGALORE - 575007 (RESP.NO.2 AND 3 ARE THE LEGAL HEIRS OF LATE KRISHNA KUMAR) 4. SRI MANJUNATH BHAT V AGED ABOUT 54 YEARS, B/O LATE SRI KRISHNA KUMAR, S/O LATE NARAYAN BHAT, THE POWER OF ATTORNEY HOLDER OF SMT DIPTI KRISHNA KUMAR AND SMT SARASWANTHI, NO. 4/44, SRI SKANDA KEMBARU ROAD, ALAPE, PADEEL, MANGALORE - 575007 …PETITIONERS (BY SMT. ARUNA BHAT AND SRI. AJAY T., ADVOCATE) AND: 1. SRI. M. B. KARTHIK MAJOR, S/O LATE MAHALINGA BHA, NO. 83, 2ND CROSS, EX SERVICEMEN COLONY, R T NAGAR, BANGALORE - 560032. ALSO AT, D-206, NAGARJUNA MEADOWS, YELAHANKA NEW TOWN, BANGALORE - 560064. 2. THE REGISTRAR THE KARNATAKA STATE CONSUMER, DISPUTES REDRESSAL COMMISSION, BANGALORE BASAVA BHAVAN, - 3 - HC-KAR NC: 2026:KHC:10759-DB WP No. 20992 of 2024 SRI BASAVESWARA CIRCLE, HIGH GROUNDS, BANGALORE - 560001. …RESPONDENTS (BY SMT. LEELAP.DEVADIGA, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 15/05/2024 PASSED BY THE RESPONDENT NO.2 HON'BLE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE IN CONSUMER COMPLAINT NO.23/2015 AS PER ANNEXURE-A TO THIS WRIT PETITION AND THEREBY SET ASIDE THE ORDER DATED 15/05/2024 PASSED BY THE HONBLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE IN CONSUMER COMPLAINT NO.23/2015 OR IN THE ALTERNATIVE, ETC. THIS PETITION, COMING ON FOR PRELMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the order dated 15.05.2024 passed by the Karnataka State - 4 - HC-KAR NC: 2026:KHC:10759-DB WP No. 20992 of 2024 Consumer Disputes Redressal Commission, Bangalore (Addl. Bench) (for short 'the State Commission) in Complaint No.23/2025. 2. Learned counsel for the parties have agreed in the course of hearing, on the following terms: i. The respondent No.1 shall pay a further sum of Rs.10,00,000/- to the petitioners on or before 21.03.2026. ii. The petitioners to provide their bank account details to the respondent No.1, for payment of a sum of Rs.10,00,000/- within a week from today. iii. Upon receiving the said amount of Rs.10,00,000/-, the petitioners shall deliver vacant possession of 2 BHK flat bearing No.302 measuring 1,050 sq.ft. on the third floor, as per the subject matter of the agreement dated 18.04.2007 and shall execute the sale deed including the 4.10% undivided interest in land bearing Survey No. 27-1B, measuring - 5 - HC-KAR NC: 2026:KHC:10759-DB WP No. 20992 of 2024 15.62 guntas situated in Kadari-'B' Village of Mangalore Taluk. iv. The registration and conveyance of the property shall be executed within a period of one week from the date of receipt of Rs.10,00,000/- by the petitioners from the respondent No.1. v. The registration and conveyance charges are to be borne by the respondents. vi. The deposit of Rs.15,00,000/- made by the petitioners in pursuance to the interim order dated 22.11.2024 passed by this Court shall be released in favour of the petitioners along with any interest accrued thereon. vii. We make it clear that the property shall be conveyed by the petitioners to the respondent No.1 free of all encumbrances. 3. On compliance of the aforesaid terms by the parties, the execution proceedings pending before the State Commission would deem to have been withdrawn. 4. Accordingly, the writ petition stands disposed off. - 6 - HC-KAR NC: 2026:KHC:10759-DB WP No. 20992 of 2024 5. In view of the disposal of the writ petition, pending application do not survive for consideration and also stand disposed off. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 2 Sl No.: 9