Skanda Residency Vs Sri. M. B. Karthik

SMT DEEPTHI KRISHNAKUMAR AGED ABOUT 39 YEARS, W/O LATE SRI KRISHNA KUMAR, D/O SRI RAMAKRISHNA BHAT, RETIRED TEACHER, SATYA SAI VIHAR, ALIKE - 574235 D K DISTRICT.

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SMT SARASWATHI AGED ABOUT 86 YEARS,

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NC: 2026:KHC:10759-DB WP No. 20992 of 2024

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HC-KAR

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M/O LATE SRI KRISHNA KUMAR, NO. 4/44, SRI SKANDA KEMBARU ROAD, ALAPE, PADEEL, MANGALORE - 575007

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(RESP.NO.2 AND 3 ARE THE LEGAL HEIRS OF LATE KRISHNA KUMAR)

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SRI MANJUNATH BHAT V AGED ABOUT 54 YEARS, B/O LATE SRI KRISHNA KUMAR, S/O LATE NARAYAN BHAT, THE POWER OF ATTORNEY HOLDER OF SMT DIPTI KRISHNA KUMAR AND SMT SARASWANTHI, NO. 4/44, SRI SKANDA KEMBARU ROAD, ALAPE, PADEEL, MANGALORE - 575007

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…PETITIONERS

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(BY SMT. ARUNA BHAT AND SRI. AJAY T., ADVOCATE)

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AND:

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SRI. M. B. KARTHIK MAJOR, S/O LATE MAHALINGA BHA, NO. 83, 2ND CROSS, EX SERVICEMEN COLONY, R T NAGAR, BANGALORE - 560032.

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ALSO AT, D-206, NAGARJUNA MEADOWS, YELAHANKA NEW TOWN, BANGALORE - 560064.

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THE REGISTRAR THE KARNATAKA STATE CONSUMER, DISPUTES REDRESSAL COMMISSION, BANGALORE BASAVA BHAVAN,

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SRI BASAVESWARA CIRCLE, HIGH GROUNDS, BANGALORE - 560001.

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…RESPONDENTS

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(BY SMT. LEELAP.DEVADIGA, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 15/05/2024 PASSED BY THE RESPONDENT NO.2 HON'BLE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE IN CONSUMER COMPLAINT NO.23/2015 AS PER ANNEXURE-A TO THIS WRIT PETITION AND THEREBY SET ASIDE THE ORDER DATED 15/05/2024 PASSED BY THE HONBLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE IN CONSUMER COMPLAINT NO.23/2015 OR IN THE ALTERNATIVE, ETC.

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THIS PETITION, COMING ON FOR PRELMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ petition has been filed impugning the order dated 15.05.2024 passed by the Karnataka State

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HC-KAR

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Consumer Disputes Redressal Commission, Bangalore (Addl. Bench) (for short 'the State Commission) in Complaint No.23/2025.

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Learned counsel for the parties have agreed in the

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course of hearing, on the following terms:

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i. The respondent No.1 shall pay a further

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sum of Rs.10,00,000/- to the petitioners on or before 21.03.2026.

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ii. The petitioners to provide their bank account details to the respondent No.1, for payment of a sum of Rs.10,00,000/- within a week from today.

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iii. Upon receiving the said amount of Rs.10,00,000/-, the petitioners shall deliver vacant possession of 2 BHK flat bearing No.302 measuring 1,050 sq.ft. on the third floor, as per the subject matter of the agreement dated 18.04.2007 and shall execute the sale deed including the 4.10% undivided interest in land bearing Survey No. 27-1B, measuring

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HC-KAR

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15.62 guntas situated in Kadari-'B' Village of Mangalore Taluk.

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iv. The registration and conveyance of the property shall be executed within a period of one week from the date of receipt of Rs.10,00,000/- by the petitioners from the respondent No.1.

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v. The registration and conveyance charges are to be borne by the respondents.

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vi. The deposit of Rs.15,00,000/- made by the petitioners in pursuance to the interim order dated 22.11.2024 passed by this Court shall be released in favour of the petitioners along with any interest accrued thereon.

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vii. We make it clear that the property shall be conveyed by the petitioners to the respondent No.1 free of all encumbrances.

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