Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 20030 (KAR)

SHEELA S PAI v. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE OF BANGALORE URBAN

WP/15232/2025 · 2026-06-05

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:26986 WP No. 15232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15232 OF 2025 (GM-RES) BETWEEN: 1. SHEELA S PAI AGED ABOUT 58 YEARS WIFE OF B P SARVOTHAMAPAI 2. B.P. SARVOTHAMAPAI AGED ABOUT 60 YEARS BOTH ADDRESS AT D-1-3, OAKYARD, 38TH CROSS EAST END MAIN ROAD 9TH BLOCK, JAYANAGAR BENGALURU - 560 069 (PRESENT PIN - 560 041) REP. BY SRI A.S. GUPTA, ADVOCATE ON BEHALF OF THE PETITIONERS … PETITIONERS (BY SRI. A S GUPTA., ADVOCATE) AND: 1. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE OF BANGALORE URBAN KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT BENGALURU - 560 009 2. THE SECRETARY MINISTRY OF LAW AND JUSTICE STATE OF KARNATAKA ROOM NO.235, 2ND FLOOR, VIDHANASOUDHA BANGALORE KARNATAKA - 560 001 … RESPONDENTS (BY SRI. I.S. DEVAIAH, ADVOCATE FOR R2; SRI MOHAMMED JAFFAR SHAH, AGA FOR R1) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26986 WP No. 15232 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS, PARTICULARLY RESPONDENT NO.1 BY ISSUING AN ORDER OR DIRECTION MORE IN THE NATURE OF A WRIT OF CERTIORARI, MANDAMUS TO THE RESPONDENTS, JOINTLY AND SEVERELY TO EXECUTE THE ABOVE JUDGEMENT AND ORDER DT 28.08.2019 NAMELY ANNEXURE-A FORTHWITH TO THE JUDGEMENT DEBTOR UNDER ANNEXURE A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent No.1. 2. The petitioners are before this Court seeking for the following reliefs: a. Directing the respondents, particularly respondent no.1 by issuing an order or direction more in the nature of a writ of certiorari, mandamus to the respondents, jointly and severly to execute the above judgement and order dt 28.08.2019 namely Annexure 'A' forthwith to the judgement debtor under Annexure 'A' in the interest of justice and equity. 3. Though several applications have been filed for amendment, etc., I am of the considered opinion that there are irrelevant insofar as the consideration of the prayer is sought for, since the order at Annexure-A has been passed by the Adjudicating Authority which is enforceable under Sub-section (1) - 3 - HC-KAR NC: 2026:KHC:26986 WP No. 15232 of 2025 of Section 40 of the Real Estate Regulation and Development (RERA) Act, 2016. 4. In that view of the matter, respondent No.1 is directed to implement the order dated 28.08.2019 in CMP No.190302/-000261 within a period of four weeks from the date of receipt of copy of this order. The petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 38