Parkway Holdings Pvt. Ltd. Vs Mrg Realtors LLP — Writ and Judicial Review | Karnataka HC (2026)

Parkway Holdings Pvt. Ltd. Vs Mrg Realtors LLP — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

All 22 writ petitions (WP Nos. 21874, 21869, 21872, 21885, 21888, 21908, 21909, 21910, 21911, 21912, 21967, 22116, 22130, 22233, 22258, 22281, 22283, 22315, 22664, 26658, 26690 and 26767 of 2025) allowed by common order; the Commercial Court's orders dated 24.02.2025 dismissing the applications under Order VII Rule 10 r/w Section 151 CPC set aside and the applications allowed; suits transferred to the jurisdictional Court, Bangalore Rural District, to continue from the same stage and be decided expeditiously without unnecessary adjournments; all pending I.As. in the writ petitions closed.

Issue for consideration

Whether the suits, in which the relief sought is cancellation/declaration that sale deeds executed by defendant Nos.1 and 2 in favour of defendant No.3 are null and void, constitute commercial disputes under Section 2(1)(c)(vi) of the Commercial Courts Act, 2015, and whether the Commercial Court has jurisdiction to try them.

Court's answer

The Commercial Court's conclusion that the dispute falls under Section 2(1)(c)(vi) of the Commercial Courts Act (construction and infrastructure contracts, including tenders) is contrary to that provision when the allegations in the plaint are examined; the dispute is not a commercial dispute of that class, particularly as defendant No.3 (purchaser under the sale deeds) is not a party to the contract between the plaintiffs and defendants Nos.1 and 2 and the suit is declaratory in nature.

Ratio / Principle

The Civil Court is the competent court to decide this dispute between the parties.

Key takeaways

The order passed by the Commercial Court under Order VII Rule 10 read with Section 151 CPC is set aside; consequently the application is allowed and the suit stands transferred to the jurisdictional Court, Bangalore Rural District.ratio¶447
Consequential directions: the jurisdictional Court, considering that the matters have been pending since 2019, shall decide them expeditiously; the matters shall continue from the same stage; and the jurisdictional Court shall not grant unnecessary adjournments to the parties.ratio¶448

Detailed headnote1 paragraphs

Commercial Courts Act, 2015 — jurisdiction — suits by MRG Realtors LLP against Parkway Holdings Pvt. Ltd. and its director seeking declaration that sale deeds executed by defendant Nos.1 and 2 in favour of defendant No.3 (banks/financial institutions) are illegal, null and void and not binding — defendant No.3 is not a party to the contract between the plaintiffs and defendants Nos.1 and 2, and the suit is in the form of declaratory relief — such a dispute does not fall within 'commercial dispute' under Section 2(1)(c)(vi) (construction and infrastructure contracts, including tenders) of the Commercial Courts Act, 2015 — the Dedicated Commercial Court, Bengaluru Rural District, therefore lacked jurisdiction; its order dated 24.02.2025 dismissing the defendants' applications under Order VII Rule 10 r/w Section 151 CPC was set aside and the applications allowed — suits (filed 2019, transferred to the Commercial Court in 2021) transferred to the jurisdictional Civil Court, Bangalore Rural District, to continue from the same stage, to be decided expeditiously and without unnecessary adjournments — all 22 writ petitions allowed by common order; pending I.As. closed (Lalitha Kanneganti, J., 23.06.2026).

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JUNE, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 21874 OF 2025 (GM-CPC)

C/W

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

WRIT PETITION NO. 21869 OF 2025 (GM-CPC) WRIT PETITION NO. 21872 OF 2025 (GM-CPC) WRIT PETITION NO. 21885 OF 2025 (GM-CPC) WRIT PETITION NO. 21888 OF 2025 (GM-CPC) WRIT PETITION NO. 21908 OF 2025 (GM-CPC) WRIT PETITION NO. 21909 OF 2025 (GM-CPC) WRIT PETITION NO. 21910 OF 2025 (GM-CPC) WRIT PETITION NO. 21911 OF 2025 (GM-CPC) WRIT PETITION NO. 21912 OF 2025 (GM-CPC) WRIT PETITION NO. 21967 OF 2025 (GM-CPC) WRIT PETITION NO. 22116 OF 2025 (GM-CPC) WRIT PETITION NO. 22130 OF 2025 (GM-CPC) WRIT PETITION NO. 22233 OF 2025 (GM-CPC) WRIT PETITION NO. 22258 OF 2025 (GM-CPC) WRIT PETITION NO. 22281 OF 2025 (GM-CPC) WRIT PETITION NO. 22283 OF 2025 (GM-CPC) WRIT PETITION NO. 22315 OF 2025 (GM-CPC) WRIT PETITION NO. 22664 OF 2025 (GM-CPC) WRIT PETITION NO. 26658 OF 2025 (GM-CPC) WRIT PETITION NO. 26690 OF 2025 (GM-CPC) WRIT PETITION NO. 26767 OF 2025 (GM-CPC)

IN WP No. 21874/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD.,

2 -

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

(EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

…PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MRS. SHAKUNTHALA SURYAVOMSHI, AGED ABOUT 55 YEARS, D/O MR. RANGAPPA SURYAVOMSHI, 30, BASAVANNA TEMPLE STREET, OPP. KORAMANGALA POLICE STATION, KORAMANGALA 8^TH BLOCK, BENGALURU - 560 095

ICICI BANK 4/10 MYTREE TOWER,

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

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HC-KAR

BOMMANAHALLI, HOSUR MAIN ROAD, BENGALURU- 560 068 REP BY ITS BRANCH MANAGER.

…RESPONDENTS

(BY SRI.TEJAS S.R., ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL. DIST. AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 514/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21869/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS

4 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.G.K. RAVINDRA ACHARI AGED ABOUT 51 YEARS, S/O MR. G.K.KODANDARAMACHARI #53, MAGADI MAIN ROAD BYDARAHALLI, BEHIND GOVT. SCHOOL VISHWANEEDAM BENGALURU - 560 091

CANARA BANK HAVING ITS HEAD OFFICE AT J C ROAD, BENGALURU-560 002 ALSO AT: RETAIL ASSET HUB M.G.ROAD BENGALURU-560 001

...RESPONDENTS

(BY SRI. TEJAS S R.,ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 485/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21872/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD.,

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

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HC-KAR

(EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.KANAKARAJ B.R., AGED ABOUT 39 YEARS, S/O MR.RAMACHANDRAPPA, NO. BETTAKOTE, BENGALURU RURAL, BENGALURU -562 129

CANARA BANK HAVING ITS HEAD OFFICE AT J.C. ROAD, BENGALURU -560 002. ALSO AT:

6 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

RETAIL ASSET HUB, MG ROAD, BENGALURU -560 001

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DISTRICT BENGALURU IN COM OS NO. 356/2020 DISMISSING IA NO. 8 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21885/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

7 -

HC-KAR

NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MRS.ARSHAD ALI MOHAMMAD BASHEER, AGED ABOUT 36 YEARS, S/O MR. M K PREM BASHEER, DILDAR MANZIL, GANDHINAGAR, MURNAD, MADIKERI-571 252.

ICICI BANK. NO.4/10, MYTREE TOWER, BOMMANAHALLI, HOSUR MAIN ROAD, BENGALURU-560 068 REP BY ITS BRANCH MANAGER.

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 516/20211 DISMISSING IA NO. X FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21888/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN,

8 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR. MOHD. RASHID TAHREEM, S/O. MR. MOHAMMED KHAJA, AGED ABOUT 33 YEARS, NO.9-2-41, D/A/185, 186, COMPANY BAGH, LANGER HOUZ, GOLCONDA, HYDERABAD-500 008.

ICICI BANK, REGISTERED OFFICE AT ICICI BANK TOWER, NEAR CHAKLI CIRCLE, OLD PADRA ROAD, VADODARA-390 007.

9 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

CORPORATE OFFICE AT ICICI BANK TOWER, BANDRA KURLA COMPLEX, MUMBAI-400 051 REPRESENTED BY ITS MANAGER

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL. DISTRICT AND SESSION JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM.O.S.NO.509/2021 DISMISSING IA NO.10 FILED BY THE PETITIONERS HEREIN (DEFENDANTS NO.1 AND 2 BEFORE THE TRAIL COURT) UNDER ORDER VII RULE 10 R/W 151 OF CPC, 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21908/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

10 -

HC-KAR

FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR. ANIL JOIS M.R., AGED ABOUT 40 YEARS, S/O MR.RANGANATH M, APARTMENT NO.27, 5^TH MAIN, 6^TH CROSS, KEB LAYOUT, SANJAYNAGAR, BANGALORE NORTH, RMV EXTENSION, 2^ND STAGE, BENGALURU-560 094

DEWAN HOUSING FINANCE CORPORATION LTD., (DHFL) NO. 13, (OLD NO.5) 15^TH MAIN, NEAR KODAVASAMAJA, VASANTH NAGAR, BENGALURU-560 052 ALSO AT ITS REGISTERED OFFICE AT WARDEN HOUSE, 2ND FLOOR, SRI P.M.ROAD FORT MUMBAI-400 001 REPRESENTED BY ITS MANAGER

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 496/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

11 -

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HC-KAR

IN WP NO. 21909/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.ANIL JOIS M.R., AGED ABOUT 44 YEARS, S/O MR.RANGANATH M., APARTMENT NO.27, 5^TH MAIN,

12 -

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HC-KAR

6^TH CROSS, KEB LAYOUT, SANJYANAGAR, BANGALORE NORTH, RMV EXTENSION 2ND STAGE, BANGALORE-560 094

AXIS BANK LIMITED NO.45, PRESTIGE LIBRA, 1^ST FLOOR, LALBAGH MAIN ROAD ABOVE PASSPORT SEVA KENDRA, BENGALURU-560 027 REPRESENTED BY ITS BANK MANAGER

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DTD 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 511/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21910/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

13 -

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HC-KAR

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR. MANJUNATH J M, AGED ABOUT 35 YEARS, S/O MR. MUNICHIKKAPPA, RESIDING AT NO.39, JINNAGARA, HOSKOTE, BENGALURU- 562 114

PNB HOUSING FINANCE LTD., HAVING ITS REGISTERED OFFICE AT 9TH FLOOR, ANTRIKSH BHAWAN, 22 KASTURABA GANDHI MARG, CONNAUGHT PLACE, NEW DELHI-110001 REPRESENTED BY ITS MANAGER

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 771/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

14 -

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 HC-KAR AND 19 OTHERS

IN WP NO. 21911/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR. MOHAMMAD WASIM M., ROS PUNDART NO-2/DP AGED ABOUT 33 YEARS, S/O MR.MOHAMMAD HUSSAIN, NO. 332, KANTHUR, MURNAD POST

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

15 -

HC-KAR

MADIKERI -571 252.

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 487/2021 DISMISSING IA NO. 14 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21912/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT

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HC-KAR

NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR. B M MANJUNATH, J M, AGED ABOUT 39 YEARS, S/O MR.MUNICHIKKAPPA, NO 39, JINNAGARA, HOSKOTE, BENGALURU RURAL-562 114

STATE BANK OF INDIA T G EXTENSION, K R ROAD, HOSKOTE, BENGALURU -562 114

...RESPONDENTS

(BY SRI.TEJAS S.R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DISTRICT BENGALURU IN COM OS NO. 476/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 21967/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

17 -

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 HC-KAR AND 19 OTHERS

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.AJAY KUMAR YADAV, AGED ABOUT 36 YEARS, S/O MR.VENUGOPAL, NO.29-A, 1ST FLOOR, 2ND MAIN, YESHWANTHPUR, BENGALURU 560 022.

M/S.HINDUJA HOUSING FINANCE LTD., OFFICE AT NO.27 A, DEVELOPED INDUSTRIAL AREA, GUINDY, CHENNAI - 600 032 REPRESENTED BY ITS AUTHORIZES OFFICER

...RESPONDENTS

(BY SRI.TEJAS, ADVOCATE FOR C/R1 SRI.CHANDRASHEKAR B.N., ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLE 226 OF

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

18 -

HC-KAR

CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DTD 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO.490/2021 DISMISSING IA NO. 8 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 22116/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS

19 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

DESIGNATED PARTNER

MR. R.P. GOYAL

MR. ANIL JOIS M R, S/O. MR. RANGANATH, AGED ABOUT 40 YEARS, NO. 27, 5TH MAIN, 6TH CROSS, KEB LAYOUT, SANJAY NAGAR, BENGALURU NORTH, RMV EXTENSION, 2ND STAGE, BENGALURU-560 094.

INDIA BULLS HOUSING FINANCE LTD., PLOT NO.87, 6, RICHMOND ROAD, SHANTHALA NAGAR, RICHMOND TOWN, BENGALURU-560 025 ALSO AT ITS REGISTERED OFFICE AT M62 AND 63, FIRST FLOOR, CONNAUGHT PLACE, NEW DELHI-110 001, REPRESENTED BY ITS MANAGER

CMF ASSET RECONSTRUCTION PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT A/3 5^TH FLOOR SAFAL PROFITAIRE, NEAR PRAHLAD NAGAR GARDEN AHMEDABAD GUJARATH -380 015 REP. BY ITS MANAGING DIRECTOR (ASSET RECONSTRUCTION COMPANY) ALSO AT 1^ST FLOOR, WAKEFIELD HOUSE SPROT ROAD, BALLARD ESTATE FORT MUMBAI -400 038 REP. BY ITS MANAGER

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE AND SRI.GEORGE JOSEPH, ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

20 -

HC-KAR

24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 756/2021 DISMISSING IA NO. 14 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 22130/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

21 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

MR.GIREESHA K.T., AGED ABOUT 41 YEARS, S/O MR. THIMMEGOWDA, KODAGIHALLI (P), CHANDRASHEKARAPURA, GUBBITALUK

PNB HOUSING FINANCE NO. 5, MATHRUSHREE ARCADE, 100FT RING ROAD, 1ST PHASE, IIND STAGE, BTM LAYOUT, BENGALURU -560 076 ALSO AT 9TH FLOOR, ANTRIKSHBHAVAN, 22, KASTURBA GANDHI MARG, NEW DELHI -110 001 REPRESENTED BY ITS MANAGER

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1 SRI.GEORGE JOSEPH, ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 513/2021 DISMISSING IA NO. X FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 22233/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR

22 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.AJAY KUMAR YADAV, AGED ABOUT 36 YEARS, S/O.MR.VENUGOPAL, NO.29-A, FIRST FLOOR, 2ND MAIN, YESHWANTHPUR, BANGALORE -560 022

AXIS BANK LIMITED NO.45, PRESTIGE LIBRA, 1^ST FLOOR, ABOVE

PASSPORT SEVA KENDRA, BENGALURU-560 027 REPRESENTED BY ITS BRANCH MANAGER

...RESPONDENTS

(BY SRI.ANIKETH B.C., A/W SRI.TEJAS S.R., ADVOCATE FOR R1)

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

23 -

HC-KAR

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 1046/2021 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 22258/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD,

24 -

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.ASHAD ALI MOHAMMED BASHEER, AGED ABOUT 40 YEARS, S/O MR.M.K.PREM BASHEER, DILDAARMANZIL, GANDHINAGAR, MURNAD, MADIKERI -571 252

DEWAN HOUSING FINANCE CORPORATION LTD., (DHFL), NO.13 (OLD NO.5), 15TH MAIN, NEAR KODAVA SAMAJA, NEAR VASANTHA NAGAR, BANGALORE -560 052 REPRESENTED BY ITS MANAGER

ALSO AT ITS REGISTERED OFFICE AT WARDEN HOUSE, 2^ND FLOOR, SRI P M ROAD, FORT, MUMBAI -400 001

...RESPONDENTS

(BY SRI.TEJAS S.R., ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 471/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 22281/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD.,

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

25 -

HC-KAR

(EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.SANGRAM NAYAKA, AGED ABOUT 41 YEARS, S/O MR.M B MARUTHI, NO.45, SANSKRITI, 1ST CROSS, SHARDA COLONY, VIDYAGIRI, DHARWAD-580 004

ICICI BANK, NO.1, 2ND FLOOR,

26 -

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

ICICI BANK TOWERS, SHOBHA PEARL, COMMISSARIAT ROAD, BANGALORE-560 025. REPRESENTED BY ITS MANAGER

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1 SRI.JAI M. PATIL, ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 493/2021 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 22283/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP

27 -

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HC-KAR

FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.ASHAD ALI MOHAMMED BASHEER, AGED ABOUT 40 YEARS, S/O MR.M.K.PREM BASHEER, DILDAARMANZIL, GANDHINAGAR, MURNAD, MADIKERI 571252.

DEWAN HOUSING FINANCE CORPORATION LTD (DHFL) NO.13, (OLD NO.5), 15TH MAIN, NEAR KODAVASAMAJA, VASANTH NAGAR, BANGALORE 560 052, REPRESENTED BY ITS MANAGER

ALSO AT, ITS REGISTERED OFFICE AT, WARDEN HOUSE, 2ND FLOOR, SRI P.M.ROAD, FORT, MUMBAI- 400 001

...RESPONDENTS

(BY SRI.TEJAS S.R., ADVOCATE FOR C/R1 SRI. GEORGE JOSEPH, ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 352/2020 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 HC-KAR AND 19 OTHERS

28 -

IN WP NO. 22315/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MRS.SINDHU SARA VARGHESE, AGED ABOUT 42 YEARS, D/O.MR.VARGHESE SAM, NO.483, RIVER VALLEY ROAD, NO.11-11, VALLEY PARK,

29 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

SINGAPORE -248 368 ALSO REPRESENTED BY HER POA HOLDER MR.DEEPAK SAM VARGHESE S/O. VARGHESE SAM, NO.696, 9 (TH) A MAIN ROAD, 1 (ST) STAGE, INDIRANAGAR, BENGALURU 560 038.

MRS.SARITA BASRUR VARGHESE AGED ABOUT 45 YEARS, W/O.MR.DEEPAK SAM VARGHESE NO.696, 9TH A MAIN ROAD, 1ST STAGE, INDIRANAGAR, BENGALURU - 560 038

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE A/W SRI.GEORGE JOSEPH, ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 374/2023 DISMISSING IA NO. 4 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

IN WP NO. 22664/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY

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HC-KAR

HOLDINGS PVT. LTD.

AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR.ASHAD ALI MOHAMMED BASHEER, AGED ABOUT 40 YEARS, S/O MR.M K PREMBASHEER, DILDAARMANZIL, GANDHINAGAR, MURNAD, MADIKERI- 571 252

AXIS BANK LIMITED NO.45, PRESTIGE LIBRA, 1^ST FLOOR, ABOVE PASSPORT SEVA KENDRA, BENGALURU-560 027 REPRESENTED BY ITS LEGAL MANAGER AND AUTHORIZED OFFICER SRI RAJU L.B.

...RESPONDENTS

(BY SRI.TEJAS S.R., ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 24.02.2025 PASSED BY THE XITH ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL

31 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM. OS NO. 494/2021 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NOS. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 READ WITH SECTION 151 CODE OF CIVIL PROCEDURE 1908 PRODUCED AS ANNEXURE -A.

IN WP NO. 26658/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

32 - NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS

HC-KAR

MR. MOHD. RASHID TAHREEN AGED ABOUT 36 YEARS, S/O.MR.MOHAMMED KHAJA, NO.9-2-41, D/A/185, 186, COMPANY BAGH, LANGER HOUZ, GOLCONDA, HYDERABAD-500 008

HOUSING DEVELOPMENT FINANCE CORPORATION LTD., (HDFC LIMITED) HDFC HOUSE, NO.51, KASTURBA ROAD, BENGALURU-560 001, REPRESENTED BY ITS MANAGER COMPANY CA HOUSING FINANCE COMPANY

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ORDER A WRIT OF CERTIORARI OR ANY OTHER WRIT/ORDER SETTING ASIDE THE ORDER DATED 24.02.2025 PASSED BY THE XITH ADDI. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM.OS.NO. 132/2022 DISMISSING IA.NO.8 FILED BY THE PETITIONERS HEREIN (DEFENDANT NOS. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 READ WITH SECTION 151 CODE OF CIVIL PROCEDURE, 1908 PRODUCED AS ANNEXURE A.

IN WP NO. 26690/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

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MR. P.K. GAJRA

DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MRS.R.GANGAMMA W/O.LATE MR.T.V.NAGA RESIDING AT NO.11, 7^TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085 (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA)

MR. PARASURAM S/O.LATE MR.T.V.NAGA RESIDING AT NO.11, 7TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085 (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA)

MS.HARSHITHA

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D/O.LATE MR.T.V.NAGA, RESIDING AT NO.11, 7^TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085. (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA)

MR.AKSHAYKUMAR S/O. LATE MR.T.V. NAGA RESIDING AT NO.11, 7TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085 (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA)

CITY UNION BANK LIMITED ADMINISTRATIVE OFFICE, NO.24-B, GANDHINAGAR, KUMBAKONAM – 612 001 (A PUBLIC SECTOR BANK)

ALSO AT BANASHANKARI BRANCH NO.784, II PHASE, 7TH BLOCK, BANASHANKARI III STAGE, 100 FEET ROAD, BENGAALURU BY ITS MANAGER- 560 085

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 24/02/2025 PASSED BY THE XITH ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM. OS NO. 856/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NOS. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 READ WITH SECTION 151 CODE OF CIVIL PROCEDURE, 1908 PRODUCED AS ANNEXURE-A.

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IN WP NO. 26767/2025

BETWEEN:

PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4^TH CROSS, 2^ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA

MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029.

...PETITIONERS

(BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE)

AND:

MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1^ST CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL

MR. ASHAD ALI MOHAMMED BASHEER AGED ABOUT 36 YEARS, S/O MR. M K PREM BASHEER, DILDAAR MANZIL, GANDHINAGAR,

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MURNAD,

MADIKERI 571 252

HOUSING DEVELOPMENT FINANCE CORPORATION LTD., (HDFC LIMITED) HDFC HOUSE, NO.51, KASTURBA ROAD, BENGALURU -560 001. REPRESENTED BY ITS MANAGER, A HOUSING FINANCE COMPANY

...RESPONDENTS

(BY SRI. TEJAS S R., ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL. DIST AND SESSION JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU RURAL DIST BENGALURU IN COM OS NO. 499/2021 DISMISSING IA NO. 13 FILED BY THE PETITIONER HEREIN (DEFENDANT NO. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

All these writ petitions are filed aggrieved by the order dated 24.02.2025 passed by the Commercial Court on an application that is filed under Order VII Rule 10 read with Section 151 CPC, which came to be dismissed, defendant Nos.1 and 2 are before this Court.

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As the plaintiffs and defendant Nos.1 and 2 are the

same in all the suits, these writ petitions are disposed of by way of a common order.

The suit is filed seeking the relief that the sale deed purported to have been executed by defendant Nos.1 and 2 in favour of defendant No.3 are illegal, null and void and non-est in the eye of law and not binding on the plaintiff. Initially, these suits were filed before the Civil Court. After the constitution of the Commercial Courts, these matters were transferred to the Commercial Court. Before the Commercial Court, the defendant who is the petitioner herein, has taken the plea that there is an arbitration clause and the Commercial Court has no jurisdiction. That came to be rejected and he has filed a writ petition. The writ petition was also dismissed. Thereafter, the petitioners have come up with the present application stating that the Commercial Court has no jurisdiction and that came to be dismissed by the order impugned in all these writ petitions. The Commercial Court, while dismissing the application, has observed that the alleged dispute narrated in the plaint comes within the ambit of a Commercial Dispute as defined under Section 2(1)(c)(vi) of the Commercial Courts Act,2015 (For

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short ‘the Act’). Considering the same, the Court has dismissed the application.

Learned Counsel for the petitioners has drawn the

attention of this Court to Section 2(1)(c)(vi) of the Commercial Courts Act and submits that it refers to construction and infrastructure contracts, including tenders. The declaration that the sale deed is null and void has to be necessarily declared by a Civil Court, and it does not arise out of a commercial contract between the plaintiffs and the defendants and the sale deed that is executed is in favour of defendant No.3. As such, the dispute is not a commercial dispute per se and the Commercial Court has no jurisdiction.

Learned Counsel appearing for the

respondents/plaintiffs submits that the suits were filed in the year 2019. In the year 2021, the suits were transferred to the Commercial Court. From 2021, the defendants have been filing several applications with an intention to drag on the proceedings because the suits of the year 2019 are not concluded till date. It is submitted that it is a commercial dispute and the Commercial Court has jurisdiction. It is

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submitted that sale deeds were executed pursuant to a Joint Development Agreement. Contrary to the Joint Development Agreement, the defendants executed the sale deeds and filed the present suit seeking cancellation. In view of the same, the Commercial Court has jurisdiction to try the suits.

Having heard the learned counsels on either side, perused the material on record. The relief sought in the suit is the cancellation of the sale deed, which is null and void. The sale deed was executed by defendant Nos.1 and 2 in favour of defendant No.3 and defendant No.3 is not a party to the contract between the plaintiffs and the defendants. The suit is also in the form of declaratory relief. The Court has come to the conclusion that this falls under 2(1)(c)(vi) of the Act, i.e., construction and infrastructure contracts, including tenders. Looking at the allegations in the plaint, the said observation of the Court is contrary to Section 2(1)(c)(vi) of the Act. As rightly submitted by the learned counsel for the petitioners, the Civil Court is the competent court to decide this dispute between the parties.

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In W.P.No.21967/2025, the third respondent has

been served. In all other matters, the vakalath for Respondent No.3 has not been filed. It is submitted by the learned counsel for the plaintiffs that, since this is the plaintiffs’ suit, they are the affected party; hence, the notice to other parties is not necessary and while transferring the matters, if this Court comes to the conclusion that the matters have to be transferred, the Civil Court will issue the notice to the parties.

In that view of the matter, this court is passing the

following

ORDER

i. The order passed by the Commercial Court under Order VII Rule 10 read with Section 151 CPC is set aside, and consequently, the application is allowed . The suit stands transferred to the jurisdictional Court, Bangalore Rural District.

ii. The jurisdictional Court, considering the fact that these matters have been pending since 2019, shall expeditiously decide the matters.

iii. These matters shall continue from the same stage.

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iv. The jurisdictional Court shall not grant unnecessary adjournments to the parties.

v. Accordingly, Writ Petition Nos.21874/2025, 21869/2025, 21872/2025, 21885/2025, 21888/2025, 21908/2025, 21909/2025, 21910/2025, 21911/2025, 21912/2025, 21967/2025, 22116/2025, 22130/2025, 22233/2025, 22258/2025, 22281/2025, 22283/2025, 22315/2025, 22664/2025, 26658/2025, 26690/2025 and 26767/2025 are allowed.

vi. All pending I.As., in the writ petitions, shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

PKN

List No.: 1 Sl No.: 46