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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF NOVEMBER, 2019

PRESENT

THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR

WRIT APPEAL NO. 974 OF 2019 (GM-KSR) AND

WRIT APPEAL NOs.1206-1211/2019 (GM-KSR)

BETWEEN :

VDB CELADON APARTMENT OWNERS ASSOCIATION

REPRESENTED BY ITS PRESIDENT

VDB CELADON

SHIVANAHLLI VILLAGE

YELAHANKA HOBLI

YALAHANKA

BENGALURU-560064

...PETITIONER

(By Sri SREENEVASA K L, ADVOCATE)

AND :

1 . MR. PRAVEEN PRAKASH

S/O SHRI B L VISHWAKARMA,

AGED ABOUT 36 YEARS,

R/AT A-204,

VDB CELADON HOUSING COMPLEX,

SHIVANAHALLI VILLAGE,

YELAHANKA HOBLI,

YALAHANKA,

BENGALURU-560 064

2 . MR NARASIMHA SWAMY

S/O LATE VEDALA SIMHADRI,

AGED ABOUT 35 YEARS,

R/AT A-401,

VDB CELADON HOUSING COMPLEX,

SHIVANAHALLI VILLAGE,

2

YELAHANKA HOBLI, YALAHANKA,

BENGALURU-560 064

3 . MR NARESH PRASAD P

S/O SHRI A KUMRAN NAIR,

AGED ABOUT 43 YEARS,

R/AT A-403,

VDB CELADON HOUSING COMPLEX,

SHIVANAHALLI VILLAGE,

YELAHANKA HOBLI, YELAHANKA,

BENGALURU-560 064

4 . MR VIVEK NAIR

S/O SHRI G C NAIR,

AGED ABOUT 34 YEARS,

R/AT A-102,

VDB CELADON HOUSING COMPLEX,

SHIVANAHALLI VILLAGE,

YELAHANKA HOBLI, YELAHANKA,

BENGALURU-560 064

5 . MR G SURIYA NARAYANAN

S/O LATE R GOPALA KRISHNA IYER,

AGED ABOUT 51 YEARS,

R/AT B-404,

VDB CELADON HOUSING COMPLEX,

SHIVANAHALLI VILLAGE,

YELAHANKA HOBLI, YELAHANKA TALUK

BENGALURU-560 064

6 . MR S K TEJASWI

S/O SHRI K SUBRAMANYA,

AGED ABOUT 32 YEARS,

R/AT NO.A-202,

VDB CELADON HOUSING COMPLEX,

SHIVANAHALLI VILLAGE,

YELAHANKA HOBLI, YELAHANKA TALUK,

BENGALURU-560 064

7 . MR SREENIDISH C

S/O SHRI V C PADMANABHAN NAIR,

AGED ABOUT 41 YEARS,

REPRESENTED BY THE POWER OF

ATTORNEY HOLDER,

MR. VINOD KAMMANA,

FATHER-IN-LAW OF MR. SREENIDHISH C,

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R/AT THOTTATHIL HOUSE,

IRINGAL (P.O), VATAKARA,

KOZHIKODE (DISTRICT) KERALA-673 521

8 . THE STATE OF KARNATAKA

REPRESENTED BY ITS REGISTRAR,

DEPARTMENT OF CO-OPERATIVE SOCIETIES,

NO.1, ALI ASKAR ROAD,

BENGALURU-560052

9 . THE DEPUTY REGISTRAR OF

CO-OPERATIVE SOCIETIES

2ND FLOOR, NO.32,

KARNATAKA STATE CO-OPERATIVE FEDERATION,

RACE COURSE ROAD,

BENGALURU-560001

10 .THE DISTRICT REGISTRAR

OFFICE OF THE REGISTRAR OF SOCIETIES,

NO.3, MARUTHI PLAZA, 2ND FLOOR,

2MD MAIN ROAD, VYALIKAVAL,

BENGALURU-560003

…RESPONDENTS

(By Sri SURIYA NARAYANAN G,

ADVOCATE FOR R1 TO R7

SRI Y.H. VIJAY KUMAR, PRL.GOVT. ADVOCATE

FOR R8 TO R10)

THESE WRIT APPEALS ARE FILED UNDER SECTION

4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING

TO ALLOW THE APPEAL AND SET ASIDE THE ORDER

DATED 5.02.2019 PASSED BY THE LEARNED SINGLE

JUDGE IN WP NO.34660/2017 & 35719-35724/2017 (GM-

KSR).

THESE APPEALS COMING ON FOR ORDERS THIS

DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

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JUDGMENT

The appellant is a Society registered under the

Karnataka Societies Registration Act, 1960 (for short, ‘the

said Act of 1960’). By the impugned order passed in a

petition filed by the first to seventh respondents, the

learned Single Judge has proceeded to cancel the

registration of the appellant Society under the provisions of

the said Act of 1960.

2.

It is the case of the appellant that M/s Value Design

Private Limited, a builder and developer, constructed the

apartment complex consisting of six blocks having 196

flats. The complex has various facilities such as swimming

pool, club house, gymnasium, indoor game halls, parking

space, walking track, etc. The case of the appellant is that

no steps have been taken to form an Association of

apartment owners by the developer under the provisions of

the Karnataka Apartments Ownership Act, 1972 (for short,

‘the said Act of 1972’).

3.

The case made out by the appellant is that in terms

of the said Act of 1972, deeds of declaration by the owners

were prepared. However, an Association of apartment

owners as contemplated b