Mr G R Natraj v. Wilasa Apartment Owners Association
Case brief
What is this about?
High Court exercised power under Article 227 to restrain an Apartment Owners Association from withdrawing generator power backup and other amenities. The court imposed a condition that petitioners must continue paying maintenance charges until the civil court decides the merits.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.8536/2021 (GM-CPC)
BETWEEN :
- MR. G.R.NATRAJ, AGED ABOUT 79 YEARS, SON OF LATE G.RAJAIH SHETTY, APARTMENT NO.Z-001 & Z-002, WILASA GRAND VILLAMENTS, DODDAKALLASANDRA, 12TH KILOMETER, KANAKAPURA ROAD, JP NAGAR, 9TH PHASE, BENGALURU – 560 062. REPERESENTED BY ITS GPA HOLDER, MR. CHARAN GR.
- MR. CHARAN.GR. SON OF MR. G R NATRAJ, AGED ABOUT 42 YEARS, APARTMENT NO.Z-304 & Z-404, WILASA GRAND VILLAMENTS DODDAKALLASANDRA, 12TH KILOMETER, KANAKAPURA ROAD, JP NAGAR, 9TH PHASE, BENGALURU – 560 062. ... PETITIONERS (BY SRI. VARDHAMAN V.GUNJAL, ADVOCATE) AND :
WILASA APARTMENT OWNERS ASSOCIATION,
2
Issues for consideration
3 issues framed by the court
Whether the High Court can grant interim protection against disruption of common amenities while the civil court examines the merits of a dispute over maintenance dues.
Whether the withdrawal of generator power backup by the Apartment Owners Association is justified pending the decision on the writ petition.
What conditions must be imposed to maintain interim protection of amenities in a property dispute?
Parties & counsel
- petitioner
MR. G.R.NATRAJ
- petitioner
MR. CHARAN.GR.
- respondent
WILASA APARTMENT OWNERS ASSOCIATION
- respondent
WILASA GRAND VILLAMENTS
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- WP/8536/2021
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