" - 1 - HC-KAR NC: 2026:KHC:5487-DB WP No. 17133 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 17133 OF 2024 (GM-RES) BETWEEN: 1. SRI A ANIL KUMAR S/O LATE S ANJANAPPA AGED ABOUT 52 YEARS 2. SMT PADMA W/O SRI A ANILKUMAR AGED ABOUT 43 YEARS 3. KUMARI MANSI A GOWDA D/O SRI A ANIL KUMAR AGED ABOUT 23 YEARS 4. SRI A NARENDAR BABU S/O LATE S ANJANAPPA AGED ABOUT 47 YEARS 5. SMT LAKSHMI G W/O A NARENDRA BABU AGED ABOUT 35 YEARS 6. SMT. A DEVIKA D/O LATE S ANJANAPPA AGED ABOUT 45 YEARS Printed from counselvise.com Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5487-DB WP No. 17133 of 2024 7. SRI A PRASHANTH S/O LATE S ANJANAPPA AGED ABOUT 43 YEARS SL. NO.2 TO 7 ARE REP. BY THEIR GPA HOLDER SL.NO.1 SRI A ANIL KUMAR ALL ARE R/AT NO.254, 4TH B CROSS JAKKUR BENGALURU-560064. …PETITIONERS (BY SRI. SAI KIRAN R, ADVOCATE) AND: MR RATNAKAR SHETTY S/O CHIKAYYA SHETTY AGED ABOUT 43 YEARS RESOLUTION PROFESSIONAL OF M/S UNISHIRE LIFE STYLE DWELLINGS LLP NO.16, LEVEL 3, SKYLINE TOWER 7TH CROSS, SAMPIGE ROAD MALLESWARAM, BENGALURU-560003. …RESPONDENT (BY SRI. KASHYAP N NAIK, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28.03.2024 PASSED BY THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU IN I.A. No.285/2022 IN CP (IB) No. 32/BB/2020 WHICH IS PRODUCED AS ANNEXURE-A AS NULL AND VOID. Printed from counselvise.com - 3 - HC-KAR NC: 2026:KHC:5487-DB WP No. 17133 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ petition under Article 227 of the Constitution of India has been filed impugning the order dated 20.03.2024 passed by the National Company Law Tribunal1, Bengaluru Bench, Bengaluru in I.A. No.285/2022 in CP(IB) No.32/BB/2020. The Tribunal, on an application filed by the Resolution Professional has held that the possession of the scheduled property to be taken over by the Resolution Professional and the respondents are directed to remove the illegal temporary construction made on the scheduled property. 2. Learned counsel for the petitioner has vehemently submitted that the Tribunal has wrongly exercised its jurisdiction which is not vested in it. The petitioner is the owner of the property who had entered into a Joint Development 1 hereinafter referred to as the 'Tribunal Printed from counselvise.com - 4 - HC-KAR NC: 2026:KHC:5487-DB WP No. 17133 of 2024 Agreement with the person who is the corporate debtor and the scheduled property is of the petitioner's property. 3. Whether the property is the property of the Corporate Debtor or it is of the third party, this is a question which is the question on merit and it is not a jurisdictional question. Therefore, we are of the view that the Tribunal has not exceeded its jurisdiction while allowing the I.A. No.285/2022 filed by the Resolution Professional. In any view of the matter, the petitioner has a remedy of filing the appeal before the National Company Law Appellate Tribunal2 under the provisions of the Insolvency and Bankruptcy Code, 2016 and if, the petitioner feels aggrieved by the impugned order passed by the Tribunal, he should approach the Appellate Tribunal by undertaking the appropriate proceedings as may be available to him under law. 4. With the aforesaid observation, we dispose of this writ petition with liberty to the petitioner to approach the Appellate Tribunal against the impugned order passed by the Tribunal, and if the petitioner files an appeal within a period of four 2 hereinafter referred to as the 'Appellate Tribunal' Printed from counselvise.com - 5 - HC-KAR NC: 2026:KHC:5487-DB WP No. 17133 of 2024 weeks from today, the Appellate Tribunal should Proceed with the appeal on merit without going to the question of limitation. Sd/- (D K SINGH) JUDGE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 20 Printed from counselvise.com "