Karnataka High Court
MFA/1029/2023 of AHUJA PALACE FLAT OWNERS ASSOCIATION Vs AHUJA PALACE APARTMENT OWNERS ASSOCIATION on 6 August 2026
CNR: KAHC010077562023 NC: 2026:KHC:41541 MFA No. 1029 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO.1029 OF 2023 (CPC) BETWEEN: AHUJA PALACE FLAT OWNERS ASSOCIATION REP. BY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.1029 OF 2023 (CPC)
BETWEEN:
AHUJA PALACE FLAT
OWNERS ASSOCIATION
REP. BY ITS DIRECTOR
SRI NIRAJ A AHUJA
HAVING ITS REGISTERED OFFICE AT
NO.76-19-96/17, 96/17
'AHUJA PALACE'
RICHMOND ROAD
BENGALURU-560025
…APPELLANT
(BY SRI UDAY HOLLA, SR. COUNSEL A/W
SRI KARTHIKEYAN B S, ADVOCATE)
AND:
AHUJA PALACE APARTMENT
OWNERS ASSOCIATION
REP. BY ITS SECRETARY AND
AUTHORIZED SIGNATORY
SMT. USHA SEKAR
HAVING ITS OFFICE AT NO.103
’AHUJA PALACE', 96
RICHMOND ROAD
BENGALURU-560025
…RESPONDENT
(BY SRI K PRATHAPAN, ADVOCATE)
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS MFA IS FILED U/O.43 RULE 1(R) R/W SEC.4 OF THE
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
DT.17.12.2022 PASSED IN O.S.NO.4672/2022 ON THE FILE OF
THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-64), BENGALURU AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL JUDGMENT
This MFA is filed challenging the order dated 17.12.2022 passed on I.A.Nos.1 to 3 in O.S.No.4672/2022 by the Trial Court.
2. During the pendency of this appeal, the issue with regard to the installation of the lift and other issue was considered and permitted to install the lift. Accordingly, lift was installed and the same is commissioned and using the same by the occupants of the apartment.
HC-KAR
3. Now, the question is with regard to the second prayer is concerned to declare that meaning ascribed to an AC office unit that to mean, where business or commercial activity could be conducted.
4. Both the counsel would submit that already trial is commenced and witnesses were also examined in part and yet to complete the trial. The counsel further submits that the documents which have been produced before this Court filing an application under Order 41 Rule 27 of CPC also going to be produced before the Trial Court.
5. Hence, the counsel are directed to produce the documents which have been produced before this Court before the Trial Court to consider the second prayer i.e., AC Office Unit where the business or commercial activity could be conducted. When such issue is pending before the Court and trial also already been commenced, the parties are given liberty to place the documents in respect of their claim is concerned and there is no necessity to
HC-KAR
consider the same in this appeal and both parties can rely upon those documents at the time of trial and substantiate their grievances before the Trial Court with regard to their respective rights placing both oral and documentary evidence before the Trial Court.
6. With this observation, this MFA is disposed of. This observation shall not influence the Trial Court while considering the matter on merits.
7. In view of disposal of the main appeal, I.As. if any, do not survive for consideration and the same stand disposed of.
Sd/- (H.P.SANDESH) JUDGE
SN