AI Structured Summary
Not yet generated for this judgment
Judgment
Rajasekhar Mantha, J
In Re: CAN 10583 of 2019 (Sec.5)
This is an application filed under Section 5 of the Limitation Act for condonation of delay of about 471 days in filing the restoration application.
Having heard the learned Advocate appearing on behalf of the respective parties as also considering the statements made in the restoration application, I am satisfied with the grounds indicated explaining delay of 471 days in preferring the restoration application.
The application for condonation of delay being CAN 10583 of 2019 is, thus, disposed of.
There will be, however, no order as to costs.
In Re: CAN 10585 of 2019 (Restoration)
Sufficient grounds have been made out for absence of the writ petitioner on 18th June, 2018.
The said order is recalled and the writ petition is restored to its file and number.
Accordingly, CAN 10585 of 2019 is disposed of.
There will be, however, no order as to costs.
In Re: W.P. No. 25294 (W) of 2014
The petitioner challenges an order of expulsion of the Society for non-payment of dues and also for other charges.
The said order has been upheld by the State Government, who is the Appellate Authority.
Counsel for the petitioner fairly submits that his client does not wish to reside in the said premises given the long-standing disputes between the parties.
The order of expulsion shall not take effect for a period of one year subject to petitioner's paying the arrears of maintenance and the lift repair charges and other dues that shall be raised by the Society in a communication to be addressed to him within a period of 72 hours.
The payment of arrears is to be made by the petitioner within a period of 15 days from the date of receipt of communication from the Society together with interest as already stipulated.
Upon payment of the said sum of money together with interest at the rate of 8% per annum, the order of expulsion shall remain inoperative for a period of one year from date. The petitioner shall also be liable to pay monthly maintenance and other expenses until the transfer of the flat unit and the share in the Society.
In default of payment of the arrears along with interest within the time stipulated, the petitioner shall not be entitled to occupy the said flat or claim any right in respect thereof.
The petitioner shall be entitled to occupy the said flat with all amenities for the aforesaid period of one year and in the meantime, negotiate to sell the flat to third parties, who shall not be members of the said Society.
With the aforesaid directions, the instant writ petition stands disposed of.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.