Mr. Binoj V.B vs Renaissance Brindavan Apartment
2022 Latest Caselaw 7792 Kant

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     IN THE HIGH COURT OF KARNATAKA, BENGALURU

         DATED THIS THE 31ST DAY OF MAY, 2022

                       BEFORE

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

            R.F.A.NO.925 OF 2016 (DEC / INJ)
BETWEEN

1.     MR. BINOJ V.B
       S/O BALAKRISHNAN V.A.
       AGED ABOUT 44 YEARS,
       NO.602, 6TH FLOOR, BLOCK-A,
       RENAISSANCE BRINDAVAN APARTMENTS
       NO.13, SUBRAMANYAPURA MAIN ROAD
       UTTARAHALLI HOBLI, BANGALORE-61

2.     SUDHAKARA BABU THOTA
       S/O T.V.L.S. RAO,
       AGED ABOUT 55 YEARS,
       NO.601, 6TH FLOOR, BLOCK-D,
       RENAISSANCE BRINDAVAN APARTMENTS
       NO.13, SUBRAMANYAPURA MAIN ROAD
       UTTARAHALLI HOBLI,
       BANGALORE-61

3.     NAVEEN CHANDRA
       S/O K.R.ACHARYA
       AGED ABOUT 44 YEARS,
       NO.601, 6TH FLOOR, BLOCK-A,
       RENAISSANCE BRINDAVAN APARTMENTS
       NO.13, SUBRAMANYAPURA MAIN ROAD
       UTTARAHALLI HOBLI,
       BANGALORE-61

4.     SMT JAYA H. PADMANABH
       W/O HARISH J. PADMANABH
       AGED ABOUT 69 YEARS,
       NO.602, 6TH FLOOR, BLOCK-C,
       RENAISSANCE BRINDAVAN APARTMENTS
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        NO.13, SUBRAMANYAPURA MAIN ROAD
        UTTARAHALLI HOBLI,
        BANGALORE-61

5.      MR.MOYUKH GOSWAMI
        S/O MANJU GOPAL GOSWAMI
        AGED ABOUT 42 YEARS,
        NO.602, 6TH FLOOR, BLOCK-B,
        RENAISSANCE BRINDAVAN APARTMENTS
        NO.13, SUBRAMANYAPURA MAIN ROAD
        UTTARAHALLI HOBLI,
        BANGALORE-61

6.      RAMNATH THIPPASANDRA
        S/O LATE RANGANATH THIPPASANDRA
        AGED ABOUT 47 YEARS,
        NO.602, 6TH FLOOR, BLOCK-D,
        RENAISSANCE BRINDAVAN APARTMENTS
        NO.13, SUBRAMANYAPURA MAIN ROAD
        UTTARAHALLI HOBLI,
        BANGALORE-61
                                              ...APPELLANTS
(BY SRI.M.ADINARAYANA, ADVOCATE)

AND

RENAISSANCE BRINDAVAN APARTMENT
OWNERS' WELFARE ASSOCIATION
REPRESENTED BY ITS PRESIDENT
NO.13, SUBRAMANYAPURA MAIN ROAD,
UTTARAHALLI HOBLI,
BANGALORE-560 061
                                              ...RESPONDENT

(BY SRI B.B.BALLARI, ADVOCATE)

        THIS APPEAL IS FILED UNDER SECTION 96 OF CPC.
AGAINST THE JUDGMENT AND DECREE DATED 06.04.2016 PASSED
IN OS NO.7761/2010 ON THE FILE OF THE XII ADDITIONAL CITY
CIVIL   AND   SESSIONS   JUDGE,   BENGALURU    (CCH   NO.27),
DISMISSING THE SUIT FOR DECLARATION AND MANDATORY
INJUNCTION AND ETC.
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      THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The appellants and the respondent-Association have

filed a Joint Compromise Petition duly signed by the

appellants as well as one Sri. B. Somasundaram stated to be

the President of the respondent - Association.

2. The compromise petition has also been duly

signed by the learned counsel for the appellants and learned

counsel for the respondent, who identifies the signatures of

the appellants and the aforesaid Sri. B. Somasundaram, who

has signed the compromise petition on behalf of the

respondent - Association.

3. Being satisfied with the reasons stated in the

compromise petition, the same is accepted and the appeal is

disposed of in terms of the compromise petition by setting

aside the impugned judgment and decree passed by the trial

Court and substituting the same with this judgment and decree

in terms of the compromise petition.

4. Registry to draw up decree in terms of the

Compromise petition.

SD/-

JUDGE

SV CT:AN