- 1 - HC-KAR NC: 2026:KHC:25510 WP No. 15839 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15839 OF 2026 (GM-CPC) BETWEEN: M/S. PURAVANKARA LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956. HAVING ITS REGISTERED OFFICE AT NO.130/1 ULSOOR ROAD BANGALORE - 560042 REPRESENTED BY ITS AUTHORIZED SIGNATORY/AGM MR. SAHEB SADHIK HASAN …PETITIONER (BY SRI. DHYAN CHINNAPPA, SR. COUNSEL FOR SRI. JOSEPH ANTHONY., ADVOCATE) AND: KANCHAN BELAVADI W/O. MR. VIJAY BELAVADI AGED ABOUT 25 YEARS RESIDING AT TSOW-C1-77 PURAVANKARA SOUND OF WATER BANNERGHATTA ROAD BANGALORE - 560083 …RESPONDENT (BY SRI. S.BASAVARAJ, SR.COUNSEL FOR SMT. ANUSHKA ROY., ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED APRIL 30, 2026 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL IN M.A. NO. 70/2026. (ANNEXURE A). Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25510 WP No. 15839 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the interim order passed in MA.No.70/2026 dated 30.04.2026 by the Prl. Senior Civil Judge, Bengaluru Rural District, whereby the appellate court has allowed the I.A.No.1 in MA.No.70/2026 and stayed the operation of the order, the petitioner is before this Court. 2. Learned Senior Counsel appearing on behalf of the – petitioner-defendant submits that originally IA was ordered whereby the defendants were restrained from forming the Owner’s Association. Later the said order is vacated on 07.03.2026 and the application itself is dismissed, against that the respondents herein have preferred M.A.70/2026. It is submitted that the appellate court ought not to have passed an order staying the operation of a dismissal order. It is submitted that when the petitioners have come before this court, a co- ordinate bench of this court by order dated 21.05.2026 had granted interim order as prayed for till the next date of hearing. Now the respondents have filed the vacate petition. It is - 3 - HC-KAR NC: 2026:KHC:25510 WP No. 15839 of 2026 submitted that when the IA itself is dismissed, the order that is passed by the appellate court is not sustainable and the order has to be set aside and the writ petition may be allowed. 3. Learned counsel appearing for the respondent submits that the petitioners without even completing the construction they are forming an association and once it is handed over to the association, then the entire responsibility is shifted to the owners and it is not permissible. In view of the same, the respondents are constrained to approach the trial Court by filing the instant suit. The trial Court initially had rightly appreciated and granted the injunction. Later without any basis the IA itself is dismissed and the respondents are made to file MA No.70/2026. In that the appellate court had rightly passed an order in the I.A. seeking stay. It is submitted that if the stay order is not continued and once they form the association it would cause lot of prejudice to the respondent and it is submitted that the balance of convenience is in favour of the respondent. 4. Having heard the learned counsels on either side, perused the material on record. As rightly argued by the - 4 - HC-KAR NC: 2026:KHC:25510 WP No. 15839 of 2026 learned senior counsel appearing for the petitioner, when once IA itself is dismissed, there cannot be any stay of the operation of the said IA. At the same time this court is also not able to appreciate the submission of the learned counsel for the respondent that the interim order shall continue and there shall be a direction to the appellate court to decide the matter. 5. Considering the fact that I.A. is dismissed this court is not inclined to grant any protection to the petitioner as the same can be decided by the appellate court in the pending MA.No.70/2026. 6. Accordingly this court is passing the following: ORDER i. The impugned order passed in IA No.1 in MA No.70/2026 by the III Addl. Senior Civil Judge, Bangalore Rural District is set aside and the matter is remanded back to the trial court. ii. The trial court shall dispose of MA No.70/2026 within period of two months from the date of receipt of the copy of the order. - 5 - HC-KAR NC: 2026:KHC:25510 WP No. 15839 of 2026 iii. The writ petition is disposed of. iv. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 25