IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.6830 OF 2025 (GM - CPC)

C/W WRIT PETITION No.6807 OF 2025 (GM - CPC) WRIT PETITION No.9793 OF 2025 (GM - CPC) WRIT PETITION No.9805 OF 2025 (GM - CPC)

IN WRIT PETITION No.6830 OF 2025 BETWEEN:

1 . TRISHUL DEVELOPERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001, REPRESENTED BY ITS MANAGING PARTNER, MR. NIRAJ MITTAL.

2 . MR. NIRAJ MITTAL S/O MR.O.P.MITTAL, AGED ABOUT 52 YEARS, MANAGING PARTNER, TRISHUL DEVELOPERS, MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001.

3 . MR. O. P. MITTAL S/O LATE SHRI MALIRAM MITTAL, AGED ABOUT 76 YEARS, PARTNER, TRISHUL DEVELOPERS, MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001. 4 . MRS. UMA MITTAL W/O MR. O. P. MITTAL AGED ABOUT 73 YEARS, PARTNER, TRISHUL DEVELOPERS, MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001. 5 . MRS. JYOTI MITTAL W/O MR. NIRAJ MITTAL AGED ABOUT 48 YEARS, PARTNER, TRISHUL DEVELOPERS, MITTAL TOWERS, NO.109, 'B' WING, 1ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001.

... PETITIONERS (BY SRI S.S.NAGANAND, SR.ADVOCATE A/W SMT.RUPALI K.TRIVEDI, ADVOCATE)

AND:

SMART ASSET SERVICES INDIA PVT. LTD., A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU – 560 102 REPRESENTED BY ITS DIRECTOR MS. DIANA NINU MATHEW.

... RESPONDENT (BY SRI PRABHULING K.NAVADGI, SR.ADVOCATE FOR SRI C.N.MAHADESHWARAN, ADVOCATE FOR C/R)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) SET ASIDE/ QUASH THE ORDER DATED 28.02.2025 PASSED BY THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-89), BANGALORE IN COMMERCIAL EXECUTION NO. 1366/2019 (ANNEXURE-A); (ii) DISMISS THE INTERLOCUTORY APPLICATION (I.A. NO.69/2025) DATED 01.02.2025 FILED BY THE RESPONDENT IN LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-89), BANGALORE IN COMMERCIAL EXECUTION NO.1366/2019 (ANNEXURE-J); (iii) PERMIT THE PETITIONER TO SELL 24 RESIDENTIAL APARTMENT UNITS IN ACCORDANCE TO I.A.NO.69/2025 AND DEPOSIT THE SALE PROCEEDS BEFORE THIS HON’BLE COURT (IV) GRANT COST OF THESE PROCEEDINGS AND ETC., IN WRIT PETITION No.6807 OF 2025 BETWEEN:

1 . TRISHUL DEVELOPERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU - 560 001, REPRESENTED BY ITS MANAGING PARTNER, MR. NIRAJ MITTAL.

2 . MR.NIRAJ MITTAL S/O MR. O. P. MITTAL, AGED ABOUT 52 YEARS, MANAGING PARTNER, TRISHUL DEVELOPERS MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001.

3 . MR. O. P. MITTAL S/O LATE SHRI MALIRAM MITTAL, AGED ABOUT 76 YEARS, PARTNER, TRISHUL DEVELOPERS, MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU - 560 001. 4 . MRS. UMA MITTAL WIFE OF MR. O. P. MITTAL AGED ABOUT 73 YEARS, PARTNER, TRISHUL DEVELOPERS, MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001.

5 . MRS. JYOTI MITTAL W/O MR. NIRAJ MITTAL AGED ABOUT 48 YEARS, PARTNER, TRISHUL DEVELOPERS, MITTAL TOWERS, NO.109, 'B' WING, 1^ST FLOOR, NO.6, M.G. ROAD, BENGALURU – 560 001.

... PETITIONERS (BY SRI S.S.NAGANAND, SR.ADVOCATE A/W SMT.RUPALI K.TRIVEDI, ADVOCATE)

AND:

SMART ASSET SERVICES INDIA PVT. LTD., A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU – 560 102 REPRESENTED BY ITS DIRECTOR MS. DIANA NINU MATHEW ... RESPONDENT (BY SRI PRABHULING K.NAVADGI, SR.ADVOCATE FOR SRI C.N.MAHADESHWARAN, ADVOCATE FOR C/R)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) SET ASIDE/ QUASH THE ORDER DATED 12.11.2024 PASSED BY THE LXXXVIII ADDIL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-89), BANGALORE