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2023 Supreme(Online)(KER) 28833

HIGH COURT OF KERALA
C.S. DIAS, J
IIDL AERIE APARTMENT OWNER’S ASSOCIATION
– Appellant
Versus

A.G.ALEXANDER – Respondent


Advocates:
MANOJ RAMASWAMY S.SREEKUMAR (SR.)(S-571) & SHYAM S JOHN NELLIMALA SARAI

J U D G M E N T

The original petition is filed challenging the order passed in I.A.No.6/2021 in O.S.No.551/2021 by the Court of the IInd Additional Munsiff, Ernakulam (Trial Court) and the order passed in C.M.A. No.19/22 by the Court of the Additional District Judge-VII, Ernakulam (Appellate Court). The petitioners are defendants 1 and 2, the respondents are plaintiffs 1 to 5 and the sixth defendant in the suit.

2. The relevant background facts leading to the above orders are:

(i) The first petitioner is an Association registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1969, constituted for managing an apartment complex named ‘IIDL Aerie Apartment Owner’s Association’ (in short, ‘Association’). The second petitioner is the Secretary of the Association, and the respondents are owners of the Apartments in the complex and members of the Association.

(ii) Disputes arose between the first petitioner and the respondents 1 to 5, which led the latter to file O.S.No.556/2021 before the Trial Court, inter alia, to declare that the extraordinary general body meeting of the Association held on 29.11.2020 was illegal.

(iii) The petitioners filed I.

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