- 1 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29778 OF 2026 (GM-CPC) BETWEEN: 1. KODATHI REAL ESTATE DEVELOPERS PRIVATE LIMITED (FORMERLY KNOWN AS APG INTELLI HOMES PRIVATE LIMITED) AND ORS A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED ADDRESS AT NO.30, CRESCENT ROAD, BENGALURU -560001 REPRESENTED BY ITS AUTHORIZED SIGNATORY JOYAPPA PA …PETITIONER (BY SRI DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI JOSEPH ANTHONY, ADVOCATE) AND: 1. MRS. P. MEENAKSHI KUTTY, AGED ABOUT 42 YEARS W/O N. SHANKAR R/A NO. 393, I D MAIN ROAD DOMLUR LAYOUT BANGALORE - 560071 REPRESENTED BY HER POWER OF ATTORNEY HOLDER K M NAGARAJ. Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 2. SONNELLAPPA T. AGED ABOUT 71 YEARS S/O TIMMARAYAPPA 3. MRS. GOWRAMMA AGED ABOUT 66 YEARS W/O SONNELLAPPA 4. MR. RAJENDRA KUMAR K. S. AGED ABOUT 46 YEARS S/O SONNELLAPPA 5. MR. VENKATEASWAMY AGED ABOUT 44 YEARS S/O SONNELLAPPA 6. MR. SUBRAMANI K S AGED ABOUT 42 YEARS S/O SONNELLAPPA 7. MR. SHASHI KUMAR K S AGED ABOUT 40 YEARS S/O SONNELLAPPA 8. MRS. KAMAKSHAMMA S. AGED ABOUT 38 YEARS D/O SONNELLAPPA SL. No.2 TO 8 ARE RESIDING AT KODATHI VILLAGE BENGALURU EAST TALUK BENGALURU 9. MRS. CHINNAMMA AGED ABOUT 56 YEARS D/O TIMMARAYAPPA, W/O KALAPPA R/A NO.7, LAKSHMISAGAR CHANDAPUR CIRCLE CHANDAPUR, ANEKAL TALUK - 3 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 10. MRS. MUNINANJAPPA T., AGED ABOUT 53 YEARS S/O THIMMARAYAPPA 11. MRS. VIJAYALAKSHMI AGED ABOUT 49 YEARS W/O MUNINANJAPPA 12. MS. VIDHYASHREE M. AGED ABOUT 32 YEARS D/O MUNINANJAPPA 13. MS. TEJASWINI M. AGED ABOUT 30 YEARS D/O MUNINANJAPPA 14. MS. BRUNDA M. AGED ABOUT 27 YEARS D/O MUNINANJAPPA SL.No.12 TO 14 R/AT KODATHI VILLAGE, CARMELARAM POST, BENGALURU EAST TALUK, BENGALURU. 15. MR. RAJAPPA, AGED ABOUT 53 YEARS S/O LATE MUNIYAPPA 16. MRS. MUNIRATHNA @ RATHNAMMA AGED ABOUT 52 YEARS W/O RAJAPPA 17. MS. SHASHIKALA AGED ABOUT 36 YEARS D/O RAJAPPA 18. MS. MUNILAKSHMI @ VARALAKSHMI AGED ABOUT 34 YEARS D/O RAJAPPA - 4 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 19. MR. MANJUNATHA R. AGED ABOUT 33 YEARS S/O RAJAPPA 20. MRS. MUNIRATHNA @ MUNIRATHNAMMA AGED ABOUT 54 YEARS W/O LATE CHINNAPPA 21. MR. LOKESH C. AGED ABOUT 34 YEARS S/O LATE CHINNAPPA SL. No.15 TO 21 R/AT KODATHI VILLAGE, CARMELARAM POST, BENGALURU EAST TALUK, BENGALURU 22. MR. HARISH C. AGED ABOUT 32 YEARS, S/O. LATE CHINNAPPA, 23. MR. GIRISH C. AGED ABOUT 29 YEARS S/O LATE CHINNAPPA SL. No.22 & 23 R/AT SARJAPURA MAIN ROAD, NEAR OLD YALLAMMA TEMPLE, KODATHI VILLAGE, BENGALURU EAST TALUK, BENGALURU. 24. MR. PILLAPPA AGED ABOUT 54 YEARS S/O LATE NANJAPPA 25. MRS. BHARATHI AGED ABOUT 42 YEARS W/O PILLAPPA - 5 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 26. MS. MADHUSHREE AGED ABOUT 28 YEARS D/O PILLAPPA 27. MS. RASHMI AGED ABOUT 26 YEARS D/O PILLAPPA 28. MR. SUDHAKAR AGED ABOUT 21 YEARS S/O PILLAPPA SL. No.22 TO 28 R/A KODATHI VILLAGE, BENGALURU SOUTH (ADDITIONAL) TALUK BENGALURU 29. MR. MUNIYAPPA AGED ABOUT 31 YEARS S/O THUMMAPPA 30. MR. RAJESH AGED ABOUT 32 YEARS S/O MR. MUNIYAPPA 31. MS. ASHA @ ASHARANI AGED ABOUT 30 YEARS D/O OF MR. MUNIYAPPA SL. No. 29 TO 31 R/AT RAJAPURA HENNAGARA ROAD JIGANI HOBLI, ANEKAL TALUK BANGALORE - 560105 32. MR. K N VENKATESH AGED ABOUT 49 YEARS S/O LATE NANJAPPA - 6 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 33. MRS. PUTTAMMA AGED ABOUT 43 YEARS W/O VENKATESH 34. MASTER HEMANTH KUMAR AGED ABOUT 15 YEARS S/O VENKATESH 35. MS. BHAVYATHA AGED ABOUT 13 YEARS D/O VENKATESH SL. No.32 TO 35 R/AT CHURCH ROAD, KODATHI VILLAGE CARMELARAM POST BENGALURU EAST TALUK BENGALURU 36. SMT. CHIKKA AKKAMMA AGED ABOUT 65 YEARS W/O DODDAMINISWAMAPPA R/A KODATHI VILLAGE VARTHUR HOBLI SOUTH TALUK BANGALORE - 560 035 …RESPONDENTS (BY SRI D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI RAKESH B BHAT, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED SEPTEMBER 05, 2026 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, ON I.A. NO.1/2026 IN M.A. NO.181/2026, WHEREBY THE PETITIONER HAS BEEN RESTRAINED FROM ALLENATING THE SCHEDULE PROPERTY, AS BEING CONTRARY TO THE PRINCIPLES OF NATURAL JUSTICE, AUDI ALTERAM PARTEM AND SETTLED PRINCIPLES GOVERNING GRANT OF INTERIM RELIEF (ANNEXURE A) - 7 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The limited grievance in the writ petition is with regard to the violation of the principles of natural justice while passing the impugned order dated 05.09.2026 in M.A. No.181/2026. 2. This Court has considered the grounds pleaded and the submissions made by the learned Senior Counsel appearing for both sides. 3. This Court has further perused some of the evidence in view of the limited grievance raised. Without examining the pleadings in the writ petition, this Court finds it appropriate to direct the First Appellate Court to decide the pending application, namely, I.A. No.2 filed under Order XXXIX Rules 1 and 2 of the CPC, without being influenced by the observations made in the impugned order. 4. For the said limited purpose, the impugned order dated 05.09.2026 is set aside, in order to preserve the status - 8 - HC-KAR CNR: KAHC010650002026 NC: 2026:KHC:54662 WP No. 29778 of 2026 of the suit schedule properties pending adjudication of the said application, the learned Senior Counsel are requested to advise their respective clients not to precipitate the matter till then. 5. The First Appellate Court is requested to expedite the proceedings and pronounce the order within two weeks. 6. For the said purpose, both parties shall appear before the First Appellate Court on the next date of hearing, which is scheduled on 05.10.2026. 7. With the above observations, the writ petition is disposed of. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 52