MADAN Vs. RANKA VILLA ASSOCIATION

JUDGEMENT

(1.) This appeal is filed by the defendant under Sec. 96 of Civil Procedure Code challenging the judgment and decree dtd. 21/7/2016 passed by the XIX Additional City Civil Judge, Bangalore, in O.S.No.7073/2011, whereby the suit filed by the plaintiff has been decreed.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the trial court.

(3.) The case of the plaintiff is that plaintiff is a Registered Association under the provisions of Karnataka Societies Registration Act to promote common interest of the owners and residents of Villas in the residential complex approved by the BDA in Ranka Colony located at Sy.Nos.15/1B, 15/2B, 8/1, 12 and 13 at Bilekahalli Village, Begur Hobli, Bangalore South Taluk. After the developer has developed the Villas, the owners of the Villas have formed the plaintiff - Association. Since the defendant has not paid the maintenance charges from July, 2007 to June 2010, plaintiff filed a suit for recovery of money.