- 1 - HC-KAR CNR: KAHC010639402026 NC: 2026:KHC:52608 WP No. 29554 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29554 OF 2026 (GM-CPC) BETWEEN: 1. M/S ARYA GRUHA PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT SHOP NO.4, 1ST FLOOR, ARYA HAMSA, SURVEY NO.28/1, KOTHNOOR, J.P. NAGAR 8TH PHASE, 2ND BLOCK, BENGALURU - 560083, REPRESENTED BY ITS DIRECTOR AND AUTHORISED SIGNATORY, MR. RAMNARAIN C.K., 2. MR. RAMNARAIN C.K., S/O MR. C.K. KRISHNA, ABOUT 58 YEARS, NO.24, RAMAKRISHNAPPA ROAD, NEAR VITTAL MANOR APARTMENTS, COX TOWN, BENGALURU - 560 005. 3. MR. MUNISWAMAPPA MANJUNATH, S/O MR. MUNISWAMAPPA, AGED ABOUT 60 YEARS, DIRECTOR, M/S ARYA GRUHA PRIVATE LIMITED, NO.72, VANASIRI, VADDARAPALYA VILLAGE, J.P. NAGAR 8TH PHASE, 2ND BLOCK, GOTTIGERE, BENGALURU - 560 083 Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010639402026 NC: 2026:KHC:52608 WP No. 29554 of 2026 4. MR. H. JAYANNA, S/O LATE MR. HANUMANTHAPPA, AGED ABOUT 69 YEARS 5. MRS. PADMAMMA, W/O MR. H. JAYANNA, AGED ABOUT 63 YEARS 6. MR. RAVI KUMAR J, S/O MR.H. JAYANNA, AGED ABOUT 47 YEARS 7. MRS. SUNITHA, W/O MR. RAVI KUMAR J, AGED ABOUT 46 YEARS PETITIONER NOS.4 TO 7 ARE ALL RESIDING AT VADDARAPALYA, GOTTIGERE POST, BENGALURU - 560 083 8. MRS. VEENA, D/O MR.JAYANNA H., AGED ABOUT 45 YEARS, NO.12, KARIYAPPANAHALLI, BANNERGHATTA POST, BENGALURU - 560 083 9. MR DEVRAJ J, S/O MR.H. JAYANNA, AGED ABOUT 44 YEARS 10. MRS. KANTHAMMA, W/O MR.DEVRAJ J., AGED ABOUT 42 YEARS 11. MR. NAGESH J, S/O MR.JAYANNA H, AGED ABOUT 42 YEARS - 3 - HC-KAR CNR: KAHC010639402026 NC: 2026:KHC:52608 WP No. 29554 of 2026 12. MRS. ROOPA V, W/O MR. NAGESH J., AGED ABOUT 34 YEARS 13. MR. RAJSHEKHAR J, S/O MR. JAYANNA H, AGED ABOUT 36 YEARS 14. MRS. SMITHA, W/O MR. RAJSHEKHAR J, AGED ABOUT 29 YEARS PETITIONER Nos.9 TO 14 ARE RESIDING AT VADDARAPALYA, GOTTIGERE POST, BENGALURU - 560 083 …PETITIONERS (BY SRI. SRIDHAR G., ADVOCATE) AND: 1. ARYA HAMSA APARTMENT OWNERS CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, OFFICE AT BLOCK 1 BASEMENT, ARYA HAMSA APARTMENTS, SY. NO.28/1, J.P. NAGAR 8TH PHASE, GOTTIGERE, BENGALURU - 560 083, REPRESENTED BY ITS PRESIDENT, SRI VISHWAS AVATHI GUNDURAO. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 19.08.2026 PASSED ON 1A-4 IN OS 7113/2025 BY THE COURT OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-40), PRODUCED AS ANNEXURE-A ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010639402026 NC: 2026:KHC:52608 WP No. 29554 of 2026 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The present petition is filed impugning the order dated 19.08.2026 passed in O.S.No.7113/2025, whereby the petitioners have been directed to produce the documents referred to in I.A.No.4 within a period of 15 days. 2. Learned counsel appearing for the petitioners sbmits that the suit has been instituted by the Apartment Owners Co- operative Society Limited. It is contended that the plaintiff has not been constituted in accordance with law and that its constitution is contrary to the judgment rendered by this Court. It is further submitted that, in terms of the said judgment and the applicable legal requirements, a Flat Owners’ Association is required to be constituted and not a Co-operative Society. 2.1 It is contended that, when the very legality of the constitution of the plaintiff is under challenge, directing the petitioners to hand over the documents to a body which, according to the petitioners, has not been constituted in - 5 - HC-KAR CNR: KAHC010639402026 NC: 2026:KHC:52608 WP No. 29554 of 2026 accordance with law would prejudice the rights and interests of all the flat owners, including the petitioners. It is further submitted that one of the documents referred to in I.A.No.4 is not in the custody of the petitioners, as the said document pertains to the clubhouse owned by a trust, which is independent of the project in question. However, access to and the right to use the clubhouse have been provided as a facility to the flat owners. 3. Considered the submissions made by the learned counsel for the petitioners and perused of the impugned order. 4. The documents in question relate to the petitioners. The petitioners are the developers and owners of the land on which the apartment project has been developed, and the flats have been sold in favour of the members of the plaintiff-Co-operative Society. The only grievance of the petitioners is that the plaintiff has not been constituted in accordance with law and, therefore, the original documents cannot be handed over to a body which, according to the petitioners, has not been constituted in accordance with law. - 6 - HC-KAR CNR: KAHC010639402026 NC: 2026:KHC:52608 WP No. 29554 of 2026 5. No doubt, the issue as to whether a Co-operative Society is required to be formed or a Flat Owners’ Association is required to be constituted is pending consideration. However, it is to be noticed that the impugned order merely directs the petitioners to deposit the documents before the Court. Once the petitioners have completed the project and conveyed the respective flats in favour of the purchasers, the documents relating to the project are required to be preserved for the benefit of the owners of the flats. The promoter/developer cannot claim any right over the documents pertaining to the said project. 6. The contention raised by the petitioners regarding the legality of the constitution of the plaintiff cannot be adjudicated in the present proceedings. The said issue is a matter for trial and would have to be determined in the light of the applicable law, including the interpretation placed thereon by the judgments of this Court and the Circulars issued by the competent authorities. 7. In the present case, the apprehension expressed by the petitioners can be adequately addressed by directing the Trial - 7 - HC-KAR CNR: KAHC010639402026 NC: 2026:KHC:52608 WP No. 29554 of 2026 Court to retain the documents so deposited in its custody until the dispute regarding the validity of the constitution of the plaintiff-Co-operative Society is adjudicated. Such a course would balance the interests of both parties. 8. As regards the contention of the petitioners that one of the documents mentioned in the list annexed to I.A.No.4 is not in their custody, namely, the document relating to the clubhouse, which is stated to be owned by an independent person or entity, it is open to the petitioners to bring the same to the notice of the Trial Court. The Trial Court shall consider such contention at the time of receiving the documents pursuant to the impugned order. Subject to the above observations, the writ petition stands dismissed. Sd/- (K. V. ARAVIND) JUDGE VP