Karnataka High Court
WP/24091/2025 of PRASIDDHI ASPIRTIONS PLOT OWNERS ASSOCIATION Vs VIJAYAMMA on 1 September 2026
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
HC-KAR
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
HC-KAR
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
HC-KAR
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,
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.
HC-KAR
…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
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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.
HC-KAR
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.
HC-KAR
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
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