- 1 - HC-KAR NC: 2026:KHC:4590 WP No. 1166 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1166 OF 2026 (GM-CPC) BETWEEN: 1. CLASSIQUE PARADISE APARTMENT OWNERS ASSOCIATION, CLASSIQUE PARADISE APARTMENT BUILDING, K. S. RAO ROAD, MANGALURU - 575 001 REPRESENTED HEREIN BY ITS PRESIDENT DR. ANANTHA PRASAD RAO AGED ABOUT 42 YEARS, S/O DR. JAYAPRAKASH RAO (REGISTERED UNDER KARNATAKA APARTMENT OWNERSHIP ACT, 1978) 2. DR. ANANTHA PRASAD RAO AGED ABOUT 42 YEARS, S/O DR. JAYAPRAKASH RAO, FLAT NO.401, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 3. MR. ATHMACHARAN AGED ABOUT 49 YEARS, FATHERS NAME NOT KNOWN, FLAT NO.204, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 4. MRS. ANITA MURALIDHARAN AGED ABOUT 69 YEARS, W/O MR. MURALIDHARAN, FLAT NO.501, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4590 WP No. 1166 of 2026 CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU - 575 001 5. MR. ANAND AIL AGED ABOUT 72 YEARS, FATHERS NAME NOT KNOWN, FLAT NO.802, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 6. MR. FEDRICK MACHADO S/O LATE SEBASTIAN MACHADO, AGED ABOUT 72 YEARS, R/AT FLAT NO.707, CLASSIQUE PARADISE APARTMENT, K.S.RAO ROAD, MANGALURU 575 001 …PETITIONERS (BY SRI. ANANDARAMA K., ADVOCATE) AND: 1. MR. RAHUL RAO S/O LATE HEMANTH RAO AGED ABOUT 31 YEARS R/AT FLAT NO.907, CLASSIQUE PARADISE APARTMENT, K.S.RAO ROAD, MANGALURU 575 001 2. MR. KPA SHUKOOR, AGED ABOUT 54 YEARS, S/O MR. H S MOHAMMED ISAQ, RESIDING AT FLAT NO.806, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 3. MR. PRADEEP JAYARAM NAIR AGED 40 YEARS, S/O MR. JAYARAM A.V, RESIDING AT FLAT NO.608, - 3 - HC-KAR NC: 2026:KHC:4590 WP No. 1166 of 2026 CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 4. MRS. PRABHAVATHI AGED 72 YEARS, W/O MR. V A JAYANTHA KUMAR, RESIDING AT FLAT NO.101, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 5. MR. RAGHAVENDRA PRASAD AGED 54 YEARS S/O MR. V KRISHNARAJ BHAT OWNER OF FLAT NO 901, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 6. MRS. PRAVEEN RAGHAVENDRA PRASAD AGED 46 YEARS, S/O MR. RAGHAVENDRA PRASAD OWNER OF FLAT NO 408, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALURU 575 001 7. MRS. MEENA PARIKER AGED ABOUT 43 YEARS, R/AT FLAT NO. 905, CLASSIQUE PARADISE APARTMENT, K. S. RAO ROAD, MANGALORE - 575 001 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE ORDER DATED 06.12.2025 (ANNEXURE-H) PASSED BY THE COURT OF IV ADDL. CIVIL JUDGE AND JMFC, AT MANGALURU, D.K. ON I.A.NO.14 IN O.S NO.538/2022 AND CONSEQUENTLY DISMISS I.A.NO.14 IN O.S.NO.538/2022 IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:4590 WP No. 1166 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioners has filed memo seeking withdrawal of the present petition with liberty to file an appeal before the appropriate jurisdictional Appellate Court. 2. Memo is placed on record. 3. The petition is disposed of as withdrawn reserving liberty in favour of the petitioners to file an appeal before the appropriate jurisdictional Appellate Court. If such an appeal is filed within a period of six weeks from today, the petitioners would be entitled to the benefit of Section 14 of the Limitation Act. 4. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, the petition stands disposed of as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 2