Subramanya A. M, S/O. Sri. A. S. Manjanathiah v. Brigade Meadows Apartment Owners Association (Phase -1)
2025-06-27
M.NAGAPRASANNA
body2025
DigiLaw.ai
ORDER : M.Nagaprasanna, J. The petitioners, nine in number are the members of the first respondent - apartment complex are at the doors of this Court seeking the following prayers: "i) Quashing the Order dated 20.05.2021 in OS No.116/2025 at Annexure-A passed by the Vacation court i.e.,, Additional District and Sessions Judge, FTSC-II Special Court for Trial of cases filed under POCSO Act Bengaluru Rural qua issuing only emergent notice to the respondents and also consequently grant ad-interim ex-parte injunction permitting the Petitioners to vote and contest in the upcoming election of M/s Brigade Meadows Apartment Owners Association dated 08.06.2025 until the disposal of application under IA No.2 order XXXIX Rule 1 & 2 of CPC filed by the Petitioners by issuing a Writ of Certiorari. ii) Grant such other and further reliefs as are just including costs of this Petition in the interest of justice." 2. Heard Shri Swaroop S., learned counsel appearing for the petitioners and Shri Capt. Ashok Naik, learned counsel appearing for respondent No.1. 3. The prayer of the petitioners was entertained on the score that the ensuing sunday elections to the members of the association was to be conducted and the petitioners were not given the right to vote on the score that they have all been removed from the membership. The removal of the membership is what is challenged before the concerned Court in O.S.No.636/2025. Pursuant to the order passed by this Court, the petitioners have all been permitted to vote during the elections for the members of the association. Therefore, the petition for the reason that it is presented is now complied. 4. The learned counsel appearing for the petitioners would submit that on the ground that the petitioners are removed from the membership and all basic amenities in the apartment complex is not permitted to be used by the petitioners. He would illustrate that parking is not permitted, as stickers are not given on the score that they are removed. This is one of the illustrations is what the learned counsel appearing for the petitioners would submit. 5. The learned counsel appearing for the respondent submits that if it is usage of basic amenities like parking or otherwise they would not come in the way till further orders are passed at the hands of the concerned Court in the aforesaid OS. 6.
5. The learned counsel appearing for the respondent submits that if it is usage of basic amenities like parking or otherwise they would not come in the way till further orders are passed at the hands of the concerned Court in the aforesaid OS. 6. Recording the said undertaking, I deem it appropriate to dispose the petition directing the concerned Court to consider all the submissions and pass necessary orders in accordance with law regulating its procedure, thereon. 7. The sealed cover, which was produced before the Court is returned. Ordered accordingly.