PRIYA KHANNA Vs. TREE HOUSE APARTMENT OWNERS ASSOCIATION

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed calling in question the order dtd. 6/11/2025, passed on I.A.No.1 in O.S.No.8355/2023 on the file of the XVII Additional City Civil and Sessions Judge, Bengaluru (CCH-16) ("Trial Court" for short), whereby the application filed by the plaintiff under order XXXIX Rules 1 and 2 CPC came to be allowed restraining the defendant-appellant from alienating the suit schedule property. An application filed by the defendant under Order XXXIX Rule 4 CPC came to be rejected.

(2.) The respondent-plaintiff-Apartment Owners Association instituted a suit seeking recovery of maintenance charges alleged to be due from the appellant-defendant in respect of an apartment owned by her. Along with the suit, an application under Order XXXIX Rules 1 and 2 CPC was filed seeking an order of temporary injunction restraining the defendant from alienating the suit schedule property pending disposal of the suit.

(3.) The case of the plaintiff is that the apartment- complex is governed by a deed of declaration and the provisions of Karnataka Apartment Ownership Act, 1972 ('KAO Act' for short) and that the defendant being an apartment owner is liable to pay maintenance charges which constitute a charge on the property. The appellant- defendant resisted the application contending inter alia that she is not a party to the deed of declaration, that the plaintiff's association is not binding upon her and that the suit is essentially one for recovery of money, and that an injunction restraining alienation cannot be granted in such a suit. The Trial Court, by the impugned order, allowed the application under Order XXXIX Rules 1 and 2 and rejected the application filed by the defendant under Order XXXIX Rule 4 CPC. Aggrieved by the same, the present appeal is filed.