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2026 DAILYLAW 38605 (KAR)

PRASIDDHI ASPIRTIONS PLOT OWNERS ASSOCIATION v. VIJAYAMMA

WP/24091/2025 · 2026-09-01

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010515552025 NC: 2026:KHC:47598 WP No. 24091 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24091 OF 2025 (GM-CPC) BETWEEN: 1. PRASIDDHI ASPIRTIONS PLOT OWNERS ASSOCIATION HAVING ITS OFFICE AT VILLA NO.223, PRASIDHI ASPIRATIONS LAYOUT, OFF NEW AIRPORT ROAD, BILLAMARANAHALLI VILLAGE, JALA HOBLI, BANGALORE - 562 157 REPRESENTED BY ITS PRESIDENT REGISTERED UNDER THE KARNATAKA OWNERSHIP ACT 2. MR. MATHEW P GEORGE, S/O LATE P. GEORGE, AGED ABOUT 69 YEARS, PRESIDENT PRASIDDHI ASPIRATIONS PLOT OWNERS ASSOCIATION, R/AT NO. VILLA NO. 223. PRASIDDHI ASPIRATIONS LAYOUT OFF NEW AIRPORT ROAD, BILLAMARANAHALLI VILLAGE, JALA HOBLI, BENGALURU 562 157 …PETITIONERS (BY SRI.M.T.NANAIAH, SENIOR COUNSEL FOR SRI.S. RAJ PRABHU, ADVOCATE) AND: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010515552025 NC: 2026:KHC:47598 WP No. 24091 of 2025 1. SMT.VIJAYAMMA D/O LATE B. KRISHNA SWAMY, W/O LATE G.V. SRINIVASA IYER, AGED ABOUT 64 YEARS, R/AT BILLAMARANAHALLI VILLAGE, VIDYANNAGARA POST, JALA HOBLI, BANGALORE RURAL DISTRICT- 562 110. 2. SMT. SUSHEELAMMA, D/O LATE B. KRISHNA SWAMY W/O SATHYANARAYANA AGED ABOUT 62 YEARS, R/AT SADAHALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE DISTRICT- 562 110. 3. SRI . B.K. SUBRAMANYAM, S/O LATE B. KRISHNASWAMY, AGED ABOUT 70 YEARS, 4. SRI. B.K. RAMANATH, S/O LATE B. KRISHNASWAMY, AGED ABOUT 63 YEARS, 5. SRI. B.K. SHESHADRI, S/O LATE B. KRISHNASWAMY, AGED ABOUT 60 YEARS, RESPONDENTS NO.3 TO 5 ARE RESIDING AT BILLAMARANAHALLI VILLAGE, JALA HOBLI, VIDYANNAGARA POST, BANGALORE DISTRICT- 562 157 6. M/S PRASIDDHI PROPERTIES PRIVATE LTD., REPRESENTED BY ITS DIRECTOR K. SUBRAMANYA RAJU, HAVING ITS OFFICE AT REGISTERED - 3 - HC-KAR CNR: KAHC010515552025 NC: 2026:KHC:47598 WP No. 24091 of 2025 UNDER THE COMPANIES ACT, 1956 #2535, 1ST FLOOR, 9TH A CROSS, 13TH MAIN, 'E' BLOCK, SAHAKARNAGAR, BANGALORE - 560 092 7. M/S PRASIDDHI PROPERTIES PRIVATE LTD., REPRESENTED BY ITS DIRECTOR SRI.B.SRINIVASA, HAVING ITS OFFICE AT REGISTERED UNDER THE COMPANIES ACT, 1956 #2535, 1ST FLOOR, 9TH A CROSS, 13TH MAIN, 'E' BLOCK, SAHAKARNAGAR, BANGALORE -560 092 8. SRI K.SUBRAMANYA RAJU AGED ABOUT 66 YEARS, S/O LATE K V C RAJU, DIRECTOR M/S PRASIDDHI PROPERTIES PVT. LTD., #2535, 1ST FLOOR, 9TH A CROSS, 13TH MAIN, 'E' BLOCK, SAHAKARNAGAR, BANGALORE - 560 092 9. SRI.B.SRINIVASA AGED ABOUT 53 YEARS, DIRECTOR M/S PRASIDDHI PROPERTIES PVT. LTD., #2535, 1ST FLOOR, 9TH A CROSS, 13TH MAIN, 'E' BLOCK, SAHAKARNAGAR, BANGALORE -560 092 10. ARMY WELFARE HOUSING OGANIZATION REPRESENTED BY ITS PROJECT DIRECTOR (AUTHORIZED PERSON) (BEHIND VENKATESHWARA ENGINEERING COLLEGE), UTTARAHALLI MAIN ROAD, BILLAMARANAHALLI, JALA HOBLI, BANGALORE RURAL DISTRICT - 562 157. - 4 - HC-KAR CNR: KAHC010515552025 NC: 2026:KHC:47598 WP No. 24091 of 2025 …RESPONDENTS (BY SRI. KAMALESHWARA POOJARY, ADVOCATE FOR R1 AND R2 R3 TO R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.06.2025 PASSED IN FDP 14/2022 BY THE LEARNED III ADDL. SENIOR CVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL DISTRICT, C/C LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI BEANGALORE RURAL DISTRICT VIDE ANNEXURE -B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the order dated 06.06.2025 passed in FDP No.14/2022 by the III Additional Senior Civil Judge and JMFC, Devanahalli and further to quash the Commissioner's Report in the FDP. 2. The Co-ordinate Bench of this Court on 20.11.2025 has passed an interim order stating that the FDP Court shall not draw the final decree so far as it relates to Item No.5 of the suit schedule properties however other proceedings shall go on, till the next date of hearing. - 5 - HC-KAR CNR: KAHC010515552025 NC: 2026:KHC:47598 WP No. 24091 of 2025 3. Learned counsel for the respondents submits that the Executing Court has passed a final decree on 28.06.2025 and this writ petition has become infructuous. 4. Learned Senior counsel, representing the learned counsel the petitioner, submits that proceedings were initiated and continued without making the necessary parties. Hence, under Article 227 of the Constitution of India, this Court, exercising its supervisory jurisdiction, has to look into all these aspects. Learned Senior counsel also submits that they have already filed a Regular Appeal. 5. In the considered opinion of this Court, when the Regular Appeal is filed, questioning an interlocutory order in FDP proceedings, when the FDP proceedings are concluded, the question of entertaining this writ petition will not arise. Hence, this Court is passing the following: ORDER i. In the light of the final order passed in the FDP, nothing remains for consideration in this writ petition. - 6 - HC-KAR CNR: KAHC010515552025 NC: 2026:KHC:47598 WP No. 24091 of 2025 ii. Accordingly, the writ petition is disposed of. iii. It is left open to the petitioners to raise all the grounds in the pending appeal. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 1