- 1 - HC-KAR CNR: KAHC010269642026 NC: 2026:KHC:43965 WP No. 12438 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12438 OF 2026 (GM-CON) BETWEEN: 1. M/S SHRI MANJUNATHA SWAMI DEVELOPERS AND INFRASTRUCTURES PVT LTD HAVING ITS REGISTERED OFFICE AT NO.97, GROUND FLOOR, 4TH B CROSS, BENGALURU 560 095. MAIN PATTON HOUSE II, KORAMANGALA 5TH BLOCK, REPRESENTED BY ITS AUTHORIZED SIGNATORIES - a) SRI. MANJUNATHA.S, S/O B.Y SHIVAPPA, NO. 168/1/20 1ST FLOOR, 8TH CROSS DODDANEKUNDI, BENGALURU 560037 b) SRI. MRUDUL.M.U, S/O M.I. UNNIKRISHNAN, NO. 97, ADDRESS GROUND FLOOR, 4TH B CROSS, MAIN PATTON HOUSE II, KORAMANGALA 5TH BLOCK, BENGALURU 560095 2. M/S SRI MANJUNATHA BUILDCON HAVING ITS REGISTERED OFFICE AT NO. 168/1/20 1ST FLOOR, 8TH CROSS, DODDANEKUNDI, BENGALURU 560037 REPRESENTED BY ITS PROPRIETOR SRI. MANJUNATHA S S/O B. Y SHIVAPPA ADDRESS NO. 168/1/20 1ST FLOOR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010269642026 NC: 2026:KHC:43965 WP No. 12438 of 2026 8TH CROSS, DODDANEKUNDI, BENGALURU 560037 …PETITIONERS (BY SRI. VIJAYA SHEKARA GOWDA V., ADVOCATE) AND: 1. SMT D N RATHNA AGED ABOUT 58 YEARS, W/O. CHIKKARANGAIAH, RESIDING AT NO.403, MERIDIAN APARTMENT, GEETHA ROAD, CHAMARAJAPURAM, MYSURU 570 005. 2. SRI. M.S. VIJAYAKUMAR AGED ABOUT 67 YEARS, S/O M.C. SUBBANNA, RESIDING AT NO. 1097/1, DEVAPARTHIVA ROAD, MYSURU 570004 3. SMT. PARVATHAMMA AGED ABOUT 70 YEARS, W/O VENKATESH, RESIDING AT NO. 35, A AND B BLOCK, KUVEMPUNAGAR, MYSURU 570023 4. DR. CHETHAN KUMAR AGED ABOUT 55 YEARS, S/O LATE NANDAKUMAR RESIDING AT NO. 283, 9TH A CROSS, BAPUJI LAYOUT, BENGALURU 560040 5. DR. DHRUVAKUMAR KUMAR, AGED ABOUT 79 YEARS, S/O LATE M.C. SUBBANNA, RESIDING AT NO. 32, ROBERSON ROAD, FARZER TOWN, BENGALURU 560036 - 3 - HC-KAR CNR: KAHC010269642026 NC: 2026:KHC:43965 WP No. 12438 of 2026 6. MRS. SUNDARAMMA AGED ABOUT 82 YEARS, REP. BY HER LEGAL GUARDIAN SMT. SAROJA NANDAKUMAR, RESIDING AT NO. 283, 9TH A CROSS, BAPUJI LAYOUT, BENGALURU 560040 …RESPONDENTS (BY SRI. HIRAN KRISHNASWAMY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY NATURE OF WRIT, SETTING ASIDE THE IMPUGNED EXPARTE ORDER DATED 07.07.2025 PASSED BY THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT MYSORE IN C.C NO.367/2024 BY GRANTING RELIEFS CONTRARY TO THE ORDER PASSED BY RERA THE COMPLAINT NO. CMP. 708/2024 ORDER DATED 04.12.2024 AND COMPLAINT NO. 00708/24 ORDER DATED 05.03.2025 AS PER ANNXURE-M AND N BY DIRECTING THE PETITIONER FIRM TO DELIVER VACANT POSSESSION OF THE FLAT AND EXECUTE REGISTERED SALE DEED IN FAVOUR OF THE RESPONDENT NO.1 AS PER ANNEXURE-P AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any nature of writ, setting aside the impugned exparte order dated 07.07.2025 passed by the District Consumer Disputes Redressal Commission at Mysore in C.C.No. 367/2024 by granting reliefs contrary to the order passed by Rera the Complaint No. CMP. 708/2024 order dated 04.12.2024 and Complaint No. 00708/2024 order dated 5.3.2025 as per - 4 - HC-KAR CNR: KAHC010269642026 NC: 2026:KHC:43965 WP No. 12438 of 2026 Annexure-M & N by directing the petitioner firm to deliver vacant possession of the flat and execute registered sale deed in favour of the Respondent No.1 as per the Annexure-P. b. Subseqeuntly nullify the Execution petition in DC/545/EA/17/2026 secretly filed by the Respondent No.1 before the District Consumer Forum as per Annexure-S. c. Pass such other order/s as deems fit by this Hon’ble court in the facts and circumstances of the case. d. Award the cost of the proceedings, in the interest of justice and equity. 2. The learned counsel for the petitioners submits that the above petition has been rendered infructuous. 3. Placing the submission of the learned counsel for the petitioners, the Writ Petition is dismissed as infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 20