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2021 Supreme(Kar) 146

ALOK ARADHE, NATARAJ RANGASWAMY
Floriana Estate Apartment Owners Welfare Association (Reg. No. 154/05-06) – Appellant
Versus
Commissioner Bengaluru Development Authority Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vivek S. Reddy, Sr. Counsel A/W Mr. Dilli Rajan, Adv., For Mr. K.N. Subba Reddy, Adv.
For the Respondent: Mr. K.N. Puttegowda, Adv., Mr. K. Krishna, Adv., Mr. G.L. Vishwanath, Adv., Mr. Ashok Haranahalli, Sr. Counsel A/W Mr. Vinayaka B, Adv.

JUDGMENT :

Alok Aradhe, J.

In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellants have assailed the validity of the order dated 25.09.2018 passed by the learned Single Judge by which writ petition preferred by the appellant has been dismissed with cost of Rs.1 Lakh. In order to appreciate the appellant's challenge to the impugned order, few facts need mention, which are stated infra:

2. The appellant is an Association of Apartment Owners viz., M/s Flourina Estate Apartment Owners Welfare Association. The respondent No.5 is a builder (hereinafter referred to as 'the builder' for short) whereas, respondent No.6 is a partnership firm (hereinafter referred to as 'the firm' for short), which deals in real estate business. One Smt.Rukmini Devi Prasad was the owner of land bearing Sy.No.53/1 measuring 5607.22 square meters and land bearing Sy.No.53/2 measuring 5953.05 square meters, situate at Jakkasandra, Koramangala, Bangalore. The aforesaid Smt.Rukmini Devi Prasad applied for change of land use and permission to change the land use was granted on 19.09.1994 in respect of land bearing Sy.No.53/1 and Sy.No.53/2 from industrial sector to residential p

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