- 1 - NC: 2025:KHC:15219 RP No. 101 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR REVIEW PETITION NO. 101 OF 2025 BETWEEN: 1. MRS KANIKA MASAND AGED ABOUT 43 YEARS W/O AJAY MASAND, FLAT NO.M 112, DIF MAIDEN HEIGHTS, RAJAPURA, JIGANI-BOMMASANDRA LINK ROAD, JIGANI, BANGALORE-560 105 2. MR SURESH SAINI AGED ABOUT 45 YEARS, S/O OM RAJ SAINI, FLAT NO. F 106, DIF MAIDEN HEIGHTS, RAJAPURA, JIGANI-BOMMASANDRA LINK ROAD, JIGANI, BANGALORE-560 105 3. MR MIRZA HASSAN AGED ABOUT 58 YEARS, S/O S MAIDEEN KUNJU, FLAT NO. A 081, DIF MAIDEN HEIGHTS, RAJAPURA, JIGANI-BOMMASANDRA LINK ROAD, JIGANI, BANGALORE-560 105 4. MR FLAVIAN STANISLAUS AGED ABOUT 66 YEARS, S/O LATE JOHN B D'MEOO, FLAT NO.L044, DIF MAIDEN HEIGHTS, RAJAPURA, JIGANI-BOMMASANDRA LINK ROAD, JIGANI, BANGALORE-560 105 …PETITIONERS (BY SRI. SHIVANANDA D S.,ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15219 RP No. 101 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, ROOM NO. 618, 06 FLOOR, MS BUILDING, BENGALURU 560 001 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES O/O REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, VASANTH NAGAR, BENGALURU 560 052 3. ICICI BANK REPRESENTED BY ITS REGIONAL HEAD/DIRECTOR, REGIONAL OFFICE, 4/10, MYTHREE TOWER, BOMMANAHALLI, HOSUR ROAD, BENGALURU 560 068 4. MR AANJANEY PRIYADARSHI, S/O MR. A.K. SINHA, AGED ABOUT 39 YEARS, RESIDING AT FLAT-K-014, DLF MAIDEN HEIGHTS APARTMENT RAJAPURA VILLAGE, JIGANI HOB, ANEKAL TALUK, BENGALURU 560 105 …RESPONDENTS (BY SRI.M V ANOOP KUMAR, HCGP FOR R1 & R2 SRI. FRANCIS XAVIER, ADVOCATE FOR R3 SRI. P PRASANNA KUMAR, ADVOCATE FOR R4) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED 20.12.2024 PASSED BY THIS HONBLE COURT IN WP 34645/2024 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:15219 RP No. 101 of 2025 ORAL ORDER 1. The petitioner seeks review of the order passed in W.P. No. 34645/2024, which was disposed of on 20.12.2024. Initially, the Maiden Heights Apartments Owners Welfare Association was registered under the Karnataka Societies Registration Act, 1960. However, this Court set aside the said registration on the ground that the provisions of the Act, 1960 are not applicable to an association comprising residential unit owners, and the aims and objectives of such a society are inconsistent with those contemplated under Section 3 of the said Act. 2. This Court further held that respondent No.2, being the competent authority under the Karnataka Apartment Ownership Act, 1972, is empowered to appoint a Returning Officer for conducting elections to all 11 posts of the Governing Body of the Association. 3. It is also noted that the petitioner had earlier filed W.P. No.23487/2023 contending that the registration of the Association under the Karnataka Societies Registration Act, 1960 was without jurisdiction. This Court, by order dated 19.09.2024, allowed the said writ petition and granted liberty to the Association to seek registration within a period of two months under the Karnataka Co-operative Societies Act, 1959, in lieu of the Karnataka Apartment Ownership Act, 1972. - 4 - NC: 2025:KHC:15219 RP No. 101 of 2025 4. Upon careful consideration, I do not find any error apparent on the face of the record warranting review of the order passed in W.P. No. 34645/2024. Accordingly, the review petition stands dismissed. 5. However, it is made clear that this order shall be subject to the outcome of the decisions in identical matters which are stated to be pending before the Hon’ble Division Bench. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BS List No.: 1 Sl No.: 24