- 1 - HC-KAR NC: 2026:KHC:33991 WP No. 21359 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 21359 OF 2023 (GM-RES) BETWEEN: SRI. VARA PRASAD REDDY S/O HANUMA REDDY AGED ABOUT 49 YEARS, R/AT NO.10, SIDDALINGESHWARA NILAYA PUTTENAHALLI MAIN ROAD, J.P. NAGAR, BANGALORE - 560 070 PRESENTLY R/A: NO. 102, GANGOTRI ENCLAVE, 22ND RAGHAVENDRA LAYOUT, PADMANABHANAGAR, BENGALURU - 560 070. …PETITIONER (BY SMT. SIRI RAJASHEKAR, ADVOCATE) AND: 1. SMT. SWARNA LATHA VENKATESAN W/O VENKAT VENKATESHAN NO. 46, OLD POST OFFICE ROAD, JAYANAGAR 7th BLOCK WEST BANGALORE - 560 082. 2. SMT. B.P. SHEELA W/O SRI. V. SHANMUKHANANDA R/AT APARTMENT NO. 101 SIRI LAKE VIEW, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33991 WP No. 21359 of 2023 BBMP NO. 855/864/130/25/10/129/25/10/1 4th MAIN, ASHTALAKSHMI LAYOUT, J.P. NAGAR 6th PHASE, BANGALORE - 560 078. 3. SMT. B.P. KIRAN KUMARI D/O SRI. M.S. PUTTASWAMY GOWDA R.A APARTMENT NO. 103, SIRI LAKE VIEW BBMP NO. 855/864/130/25/10/129/25/10/1 4th MAIN, ASHTALAKSHMI LAYOUT, J.P. NAGAR 6th PHASE, BANGALORE - 560 078. 4. SRI. M. MAHADEVA SWAMY S/O SRI. M. MAHADEVAPPA R/A: AAPARTMENT NO.102 SIRI LAKE VIEW BBMP NO. 855/864/130/25/10/129/25/10/1 4th MAIN, ASHTALAKSHMI LAYOUT, J.P. NAGAR 6th PHASE, BANGALORE - 560 078. …RESPONDENTS (BY SRI. RAGHAVENDRA S, ADVOCATE FOR R1; R2 TO R4 ARE SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET-ASIDE ALL FURTHER PROCEEDINGS IN EXECUTION NO.154/2019 VIDE ANNEXURE-D ON THE FILE OF HONBLE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:33991 WP No. 21359 of 2023 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner who claims to be a builder constructing an apartment complex known as ''Siri Lakeview'', is before this Court being aggrieved by the execution proceedings in Ex.P.No.154/2019, pending consideration on the file of District Consumer Disputes Redressal Forum. 2. The above execution proceedings has been initiated by the respondent No.1 herein who claim to have purchased an apartment in the said ''Siri Lakeview'' apartment complex in terms of deed of sale 23.10.2013. Respondent No.1 had filed a dispute alleging deficiency of service and unfair trade practice under the provisions of Consumer Protection Act, 1986, which was allowed by order dated 17.01.2018, holding that the petitioner herein as well as respondent Nos.2 to 4 being the builder and vendors respectively, jointly and severally liable to take steps and obtain occupancy certificate and to pay cost of the proceedings. That an appeal filed by respondent Nos.2 to 4 in Appeal No.165/2022 before the - 4 - HC-KAR NC: 2026:KHC:33991 WP No. 21359 of 2023 State Commission has been dismissed. Steps taken by the respondent Nos.2 to 4 seeking issuance of occupancy certificate has not been materialised. As such, they have filed writ petition in W.P.No.14289/2021 which was however withdrawn as khata certificate has been issued in favour of respondent No.1. 3. That notwithstanding issuance of khata certificate, respondent No.1 has initiated Execution Proceedings. That the Consumer Disputes Redressal Forum without appreciating the purport of the order is proceeding in the matter. That since the khata is issued, the order passed by the Consumer Disputes Redressal Forum stands fully satisfied and nothing requires to be done. As such, that continuation of Execution Proceedings are redundant. Hence the petition. 4. Learned counsel for the petitioner submits that pursuant to the award passed in Complaint No.1291/2016, khatha certificate has been obtained as such, the award stands satisfied. Despite petitioner having satisfied the award, complying with all the directions issued, execution - 5 - HC-KAR NC: 2026:KHC:33991 WP No. 21359 of 2023 proceedings are going on. Therefore, she submits that continuation of execution proceedings before the Consumer Disputes Redressal Forum is unwarranted. 5. On the other hand, learned counsel appearing for the respondent No.1 submits that, the award passed by the Consumer Disputes Redressal Forum has not been satisfied by obtaining the occupancy certificate as directed. That the evidence is being led in the execution proceedings regarding disobedience of the directions issued in the order passed by the Consumer Disputes Redressal Forum. 6. Heard and perused the records. 7. Consumer Disputes Redressal Forum has directed the petitioner and respondent Nos.2 to 4 to take necessary steps to obtain occupancy certificate and to issue the same to the respondent No.1. Issuance of khata certificate cannot be considered to be a substitute for issuance of occupancy certificate. Both are distinct and different. - 6 - HC-KAR NC: 2026:KHC:33991 WP No. 21359 of 2023 8. Satisfaction of the decree /award/order or any objection thereof is required to be adjudicated and determined by the Executing Court before whom the execution process is on. In the absence of any illegality or irregularity being pointed out, and since admittedly, evidence is being recorded in the Execution Proceedings to ascertain if there is a satisfaction of the decree /award/order, this Court do not see any reason to interfere at this juncture. 9. Accordingly, petition is dismissed. 10. In view of disposal of writ petition, pending IAs, if any, stands disposed of. SD/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 13