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2017 Supreme(Kar) 724

R.S.CHAUHAN
JSC Apartment Owners Welfare Association, Represented by its President Hariwansh Roy – Appellant
Versus
State of Karnataka, Urban Development Department, Represented by the Principal Secretary – Respondent


Advocates Appeared:
For the Petitioner: Joseph Anthony
For the Respondents: H. Devendrappa, A.K. Vasanth

JUDGMENT :

1. The petitioner has challenged the legality of the order dated 10.06.2016, passed by the Karnataka Appellate Tribunal, whereby the learned Tribunal has dismissed an application filed by the petitioner under Order 1, Rule 10(2) of the Code of Civil Procedure, for impleading him as party-respondents in an Appeal filed by respondent No.4, Mr. J. Ajay Srinivas, wherein the respondent No.4 had challenged a notice issued by the BBMP under Section 308 of the Karnataka Municipal Corporation Act, (‘KMC Act’, for short)

2. Briefly the facts of the case are that the petitioner claims to be an Association, registered under Societies Registration Act, 1960. The Association consists of apartment owners of a building, namely ‘Sapthagiri Janardhan Suncity’ located at property bearing No.32/3, Seenappa Layout, New BEL Road, Devasandra, Bangalore. The petitioner Association claims that it is entrusted with the task of addressing complaints raised by various apartment owners of the said building. According to the petitioner, during August-July 2014, it had received certain complaints from the residents of the 6th and 7th floor of the Sapthagiri Janardhan Suncity. According to the complaina

































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