Westend Heights Condominium Apartment Owner Welfare Association (Whcaowa) v. Sri.Nagaraj
Civil Procedure – Regular Second Appeal under S.100 CPC – maintainability by subsequent purchaser
Case brief
What is this about?
RSA No. 1369 of 2025 (DEC/INJ), High Court of Karnataka at Bengaluru, V Srishananda J., decided 21-07-2026 (CNR KAHC010579942025). Keywords: subsequent purchaser; non-party; maintainability; leave application; Section 100 CPC; regular second appeal; questions of law only. Appellants (Westend Heights Condominium Apartment Owner Welfare Association and others) were non-parties to OS No.810/2005 and RA No.80/2012; their vendor's vendor had suffered a decree in the first appeal. Held: appeal under Section 100 CPC not maintainable by a subsequent purchaser who was not a party below; IA No.1/2025 rejected; appeal dismissed; liberty to pursue remedy in appropriate proceedings. No precedent cited; no costs or amounts awarded.
What did the court decide?
No relief granted; IA No.1/2025 seeking leave was rejected and the appeal was dismissed, with liberty to work out remedy in appropriate proceedings.