HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.1371 OF 2023 (CPC)

C/W MISCELLANEOUS FIRST APPEAL NO.8523 OF 2022 (CPC)

IN MFA No.1371/2023 BETWEEN:

ANAND ENCLAVE APARTMENT OWNERS ASSOCIATION NO 374, ANAND ENCLAVE, OPPOSITE TO SRI CHAITANYA TECHNO SCHOOL, 1^ST CROSS ROAD, ROYAL COUNTY LAYOUT, JAMBUSAVARI DINNE, J.P. NAGAR 8^TH PHASE, BANGALORE - 560083.

REPRESENTED BY ITS EX-PRESIDENT SRI SUHAS S KULKARNI …APPELLANT (BY SRI. SRIDHAR.G, ADVOCATE)

Digitally signed by AND:

RAMYA D Location:

VIJAY ANAND KUMAR HIGH S/O LAT DR. T.C. ANAND KUMAR COURT OF KARNATAKA AGED ABOUT 55 YEARS, “ASHWINI” NO. 33/1, AGA ALI ABBAS ROAD, BENGALURU - 560 042 …RESPONDENT (BY SRI. VIJAY ANAND KUMAR, PARTY IN PERSON)

THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 03.12.2022 PASSED ON HC-KAR I.A.NO.3 IN OS.NO.25481/2021 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU CCH-22 REJECTING THE I.A.NO.3 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

IN MFA NO.8523/2022 BETWEEN:

ANAND ENCLAVE APARTMENT OWNERS ASSOCIATION NO 374, ANAND ENCLAVE, OPPOSITE TO SRI CHAITANYA TECHNO SCHOOL, 1^ST CROSS ROAD, ROYAL COUNTY LAYOUT, JAMBUSAVARI DINNE, J.P. NAGAR 8^TH PHASE, BANGALORE - 560083.

REPRESENTED BY ITS EX-PRESIDENT SRI SUHAS S KULKARNI …APPELLANT (BY SRI. SRIDHAR.G, ADVOCATE)

AND:

VIJAY ANAND KUMAR S/O LAT DR. T.C. ANAND KUMAR AGED ABOUT 55 YEARS, “ASHWINI” NO. 33/1, AGA ALI ABBAS ROAD, HALASURU, BENGALURU - 560 042 …RESPONDENT (BY SRI. VIJAY ANAND KUMAR, PARTY IN PERSON)

THIS MFA FILED UNDER ORDER 43 RULE 1(s) OF CPC, AGAINST THE ORDER DATED 03.12.2022 PASSED ON I.A. NO. V IN O.S.NO.25481/2021 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-22), ALLOWING I.A. NO.V FILED UNDER ORDER 40 RULE 1 OF CPC.

HC-KAR THESE APPEALS, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

MFA No.1371/2023 and MFA No.8523/2022 are filed by the defendant in O.S.No.25481/2021 questioning the order dated 03.12.2022 passed on I.A.No.3 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and I.A.No.5 filed under Order XL Rule 1 of CPC in O.S.No.25481/2021 on the file of XIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-22)¹ whereby the common order passed that I.A.No.3 filed by the defendant was dismissed and I.A.No.5 filed by the plaintiff was allowed. Therefore, by challenging the above said orders passed by the Trial Court, these two appeals are filed.

hereinafter referred to as 'the Trial Court' for short HC-KAR

2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.

3. The plaintiff has filed a suit for declaration to declare that the terms and conditions of defendant’s association are not binding on the plaintiffs and further to direct the members of defendant's association to pay maintenance charges regarding water, electricity bill and security, cleaning and lift charges etc., and for further consequential relief of permanent injunction.

4. As argued by learned counsel appearing for both the appellant/defendant and respondent/plaintiff- party in person, the plaintiff is the owner of the suit property and there was a Joint Development Agreement (for short ‘the JDA’) between the plaintiff and one builder by name M/S. T.R. Developers and Builders, Bengaluru and sixty (60) apartment complexes were constructed and as per this JDA, the plaintiff being the landowner had been HC-KAR given his share of thirty (30) apartment complexes and builder has got thirty apartment complexes.

5. It is the submission by both sides that the builder has sold thirty apartment complexes, which were acquired by him and the plaintiff has obtained thirty apartme