USHA SURESH Vs. FERNS CITY PLOT OWNERS ASSOCIATION

JUDGEMENT

(1.) THIS appeal is directed against the order dated 19.12.2014 passed in O.S. No. 26403/2014, whereby the application filed under Order XXXIX Rules 1 & 2 CPC by the plaintiff -respondent herein has been allowed restraining the 1st defendant -appellant herein from putting up any construction on the schedule property without prior consent and permission of the plaintiff and also from putting up any multi -dwelling unit on the schedule property.

(2.) RESPONDENT herein - M/s. Ferns City Plot Owners Association has filed the suit. The case of the plaintiff is that it is a society registered under the Karnataka Societies Registration Act, 1960, and was formed with an object to protect the collective interests of the plot owners who were the members and residents of Ferns City, a layout formed by the 2nd defendant; 2nd defendant is a developer engaged to provide infrastructure and other facilities such as water and sewage connection to individual plots and common overhead tanks, etc.; in order to ensure systematic and uniform development of the layout, 2nd defendant, prescribed a unique set of bye -laws/rules and regulations known as 'Ferns Builders & Developers FBD Plot Owners' Manual (Owners' Manual). According to the plaintiff, as per this manual, a purchaser of the plot in any of the layout formed by the 2nd defendant would be bound by the rules and regulations contained in the owners manual; the owners' manual at Clause -3 stipulates construction of only a single dwelling unit on the plot and prohibits construction of a multi -dwelling unit.

(3.) IT is further urged that once formation of layout was completed, plaintiff -association which was formed by the plot owners' succeeded to the 2nd defendant and took over the management of the layout with regard to its maintenance, etc. It is urged that in terms of owners manual any owner of the plot intending to put up construction has to first obtain NOC from the neighbours; no Due Certificate from the Club; approved layout plan for construction from the authorities, receipt for deposit of garbage fee and construction deposit and No Due Certificate from the Association. It is alleged by the plaintiff that inspite of being a member of the society since 2001 and being fully aware of the rules and regulations 1st defendant did not comply with any of the regulations and started putting up construction by merely obtaining a plan from the BBMP. It is also contended by the plaintiff that though the 1st defendant had made an application seeking No Objection Certificate for putting up construction and although the same was rejected by the plaintiff -association, 1st defendant illegally proceeded with the construction which constrained the plaintiff to approach the court by filing the suit. An application was also filed seeking temporary injunction restraining the plaintiff from putting up construction.