Precedent

Karnataka High Court

WP/29778/2026 of KODATHI REAL ESTATE DEVELOPERS PRIVATE LIMITED Vs MRS. P. MEENAKSHI KUTTY on 30 September 2026

Cites 0, Cited by 0

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

HC-KAR

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

HC-KAR

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

HC-KAR

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

HC-KAR

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

HC-KAR

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

HC-KAR

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)

HC-KAR

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

HC-KAR

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead