Dr.T.v.S.R.K.v. Prasad Vs Oak Leaf Residents… — Writ and Judicial Review | Karnataka HC (2026)

Dr.T.v.S.R.K.v. Prasad Vs Oak Leaf Residents… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed as withdrawn at the petitioner's instance, with liberty to approach the National Consumer Disputes Redressal Commission by filing an appropriate appeal against the impugned order; the interim order granted earlier was ordered to remain in operation for one month.

Issue for consideration

Whether the writ petition filed under Articles 226 and 227 of the Constitution seeking recall and quashing of the ex-parte order dated 17.08.2023 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore, against the petitioner in C.C No-76/2022 (Annexure-A) should be adjudicated by this Court or withdrawn in favour of an appropriate appeal before the National Consumer Disputes Redressal Commission.

Court's answer

Considering the submission of learned counsel for the petitioner, the writ petition is dismissed as withdrawn, with liberty as sought for to approach the National Consumer Disputes Redressal Commission by filing an appropriate appeal against the impugned order.

Ratio / Principle

The interim order granted earlier shall remain in operation for a period of one month.

Detailed headnote1 paragraphs

High Court of Karnataka (D K Singh, J., authoring, with S Rachaiah, J.), order dated 05.01.2026: Writ Petition (GM-CON) No. 29727 of 2024 filed by DR.T.V.S.R.K.V. PRASAD under Articles 226 and 227 of the Constitution of India praying to recall and quash the ex-parte order dated 17.08.2023 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore, against him in C.C No-76/2022 (Annexure-A) was dismissed as withdrawn after learned counsel for the petitioner sought permission to withdraw and to approach the National Consumer Disputes Redressal Commission by filing an appropriate appeal against the impugned order. Liberty as sought was granted, and the interim order granted earlier was directed to remain in operation for one month. Respondents included OAK LEAF RESIDENTS WELFARE ASSOCIATION (President Indraneel Sengupta), M/S SUVASTU ESTATES PVT. LTD. and its directors, and M/S. N.D. DEVELOPERS PRIVATE LIMITED and its directors. No substantive adjudication on merits; no precedent engaged.

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NC: 2026:KHC:222-DB WP No. 29727 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH AND

THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 29727 OF 2024 (GM-CON)

BETWEEN:

DR.T.V.S.R.K.V. PRASAD AGED ABOUT 57 YEARS. S/O T. VENKATARAMAIAH RESIDENT OF PADMAVATHI NAGAR, PILER 517214, CHITTOOR DISTRICT, ANDHRA PRADESH, CHITTOOR, ANDHRA PRADESH

…PETITIONER

(BY SRI. VIVEKANANDA S., ADVOCATE)

AND:

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

OAK LEAF RESIDENTS WELFARE ASSOCIATION REPRESENTED BY ITS PRESIDENT INDRANEEL SENGUPTA, HAVING ITS OFFICE AT SY.NO. 91/4, 91/5.92. CHAMBENAHALLI VILLAGE DOMMASANDRA P.O. SARJAPUR ROAD, BENGALURU-562125, KARNATAKA

M/S SUVASTU ESTATES PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT 49, AMR PLAZA, 18TH MAIN, HSR LAYOUT 3RD SECTOR, BANGALORE 560 102, REPRESENTED BY ITS MANAGING DIRECTOR MR. ARJUN KUMAR. BENGALURU URBAN. KARNATAKA

2 - NC: 2026:KHC:222-DB WP No. 29727 of 2024

HC-KAR

MR. ARJUN KUMAR BIRENDRA KUMAR S/O BIRENDRA KUMAR SINGH MANAGING DIRECTOR OF SUVASTU ESTATES PVT LTD HAVING ITS OFFICE AT 49, AMR PLAZA, 18TH MAIN, HSR LAYOUT 3RD SECTOR, BANGALORE 560 102, BENGALURU URBAN, KARNATAKA

MRS. SMRITI ARJUN KUMAR W/O ARJUN KUMAR, DIRECTOR OF SUVASTU ESTATES PVT LTD HAVING ITS OFFICE AT 49, AMR PLAZA, 18TH MAIN, HSR LAYOUT 3RD SECTOR, BANGALORE 560 102, BENGALURU URBAN, KARNATAKA

M/S. N.D. DEVELOPERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT 398, 1ST FLOOR, 7TH CROSS. MICO LAYOUT, BTM 2ND STAGE, BANGALORE 560 076, REPRESENTED BY ITS MANAGING DIRECTOR, MR.M.K.K. DURANI, BENGALURU URBAN, KARNATAKA

MALUR KRISHNA IYENGAR SRIDHARA DIRECTOR OF ND DEVELOPERS PRIVATE LTD HAVING ITS OFFICE AT SRI BALAJI NILAYA NO.25, 3RD MAIN, 5TH CROSS, DOLLARS COLONY, N.S. PALYA, BTM 2ND STAGE. BENGALURU. KARNATAKA 560 076, BENGALURU URBAN KARNATAKA

SMT. AYESHA SULTANA W/O M.K.K.DURANI, DIRECTOR OF ND DEVELOPERS PRIVATE LTD., HAVING ITS OFFICE AT SRI BALAJI NILAYA, NO.25, 3RD MAIN, 5TH CROSS, DOLLARS COLONY, N.S. PALYA, BTM 2ND STAGE, BENGALURU,

3 - NC: 2026:KHC:222-DB WP No. 29727 of 2024

HC-KAR

KARNATAKA 560 076, BENGALURU URBAN KARNATAKA

SMT. JYOTHI

DIRECTOR OF ND DEVELOPERS PRIVATE LTD., HAVING ITS OFFICE AT SRI BALAJI NILAYA, NO.25, 3RD MAIN, 5TH CROSS, DOLLARS COLONY, N.S. PALYA, BTM 2ND STAGE, BENGALURU, KARNATAKA 560 076, BENGALURU URBAN KARNATAKA

…RESPONDENTS

(BY SRI. SUCHETA MAJUMDER.,ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RECALL AND QUASH THE EX-PARTE ORDER DATED 17.08.2023 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BANGALORE AGAINST THE PETITIONER IN C.C No-76/2022 AT ANNEXURE-A, ETC.

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

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

ORAL ORDER

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

After arguing the matter for some time, learned counsel for the petitioner submits he may be permitted to withdraw the appeal and approach the National Consumer

Disputes Redressal Commission by filing an appropriate appeal against the impugned order passed by the

4 - NC: 2026:KHC:222-DB WP No. 29727 of 2024

HC-KAR

Karnataka State Consumer Disputes Redressal

Commission.

2. Considering the aforesaid submission, the writ

petition is dismissed as withdrawn with liberty as sought for.

Interim order granted earlier shall remain in

operation for a period of one month.

Sd/(D K SINGH) JUDGE

Sd/(S RACHAIAH) JUDGE

RKA List No.: 1 Sl No.: 20