SARASWATHI PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are the apartment owners of a Multi Storied Apartment Complex known as "Parkside Retirement Homes Brigade Orchards Apartment Complex", respondent No.4-Brigade Orchards Parkside Apartments Owners' Association (ownership association) (hereinafter referred to as 'Association' for short) was registered under the Karnataka Apartment Ownership Act, 1972 ('KAO Act' for short) by the petitioners on the strength of a deed of declaration dtd. 15/2/2021 registered under the Registration Act, 1908.

(2.) The petitioners are seeking for the following reliefs:

(3.) Respondent No.3 preferred an application on 21/11/2022 before respondent No.2 for formation of a cooperative society under the Karnataka Co-operative Societies Act, 1959 ('Act, 1959' for short). Respondent No.2 issued an order dtd. 23/2/2023 by which, the Chief promoter of respondent No.3 (the proposed society) was permitted to collect share capital contributions from those residents / owners in the project desirous of being part of such society.