ORAL JUDGMENT

The captioned first appeal is by the unsuccessful plaintiffs calling in question the judgment and decree dated 20.1.2010 passed in O.S.No.6043/1998 on the file of IX Additional City Civil and Sessions Judge, Bengaluru, whereby the suit filed by first plaintiff/company seeking for a declaration that the formation and registration of defendant No.2/Apartment Owners Association is null and void and for consequential relief of injunction is dismissed by the Court below.

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The facts of the case are as under:

Plaintiff No.1, a private limited company, claims to be the absolute owner of the schedule property and asserts that it entered into a development agreement with plaintiff No.2 for construction of a multi-storied building thereon. It is the specific case of plaintiff No.1 that it floated a scheme under which shares of the company were issued to intending purchasers and, co