SHARANAMMA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge is to the registration of the 4th Respondent - Society. The challenge needs to be allowed in view of the Division Bench decision of this Court in WA NO.974/2019 (GM-KSR) C/W W.A.Nos.1206-1211(GM- KSR) between BDB CELADON APARTMENT OWNERS ASSOCIATION vs. MR. PRAVEEN PRAKASH & OTHERS disposed off on 6/11/2019 as rightly conceded by learned counsel appearing or the Society.

(2.) The above having been said, the Petitioner cannot escape from the payment liability of the monthly accruals towards the maintenance of the apartment in question regardless of validity of registration of Respondent Society, Learned counsel for the Petitioner has filed a Memo dtd. 21/7/2023 undertaking to make good all the arrears and to go on making the payment regularly on accrual. The said Memo reads as under:

(3.) In view of the above, the Petition is allowed; a Writ of Certiorari issues quashing the impugned Registration. The 4th Respondent Society's undertaking that it will go for registration under the provisions of Karnataka Apartment Ownership Act, 1972, within a period of three months, is placed on record. The Official Respondents shall facilitate registration of the Society, if duly applied for.