S PADMASANKAR Vs. ADELINE PRIYADARSHINI SEBASTIAN AND ORS

JUDGEMENT

(1.) The defendant Nos.1 and 4 in O.S.No.9036/2007 are before this Court in this appeal assailing the judgment and decree dated 26.08.2010 passed in the said suit. The plaintiff therein instituted the suit seeking for a declaration that the defendant Nos.1 and 4 are not entitled to park their vehicle/vehicles in the suit schedule 'B' parking place. The plaintiff had also sought for relief against the third defendant for restoration of the facilities and for consequential relief of injunction. The trial Court has decreed the suit by the impugned judgment.

(2.) During the course of consideration, the parties are referred to in the same rank as assigned to them before the trial Court for the purpose of convenience and clarity.

(3.) The plaintiff's case in brief is that she purchased the Flat bearing No.1B in the multi storeyed building known as 'Lotus Court' along with a private garden and a car parking space under the sale deed dated 09.01.2004. The said purchase was from the previous owner of the Flat who had purchased the same under the sale deed dated 12.05.1993. Prior to the same, an agreement dated 31.01.1992 was entered into between her Vendors and the Developers with regard to the development of the property. The defendant No.4 is the owner of the flat bearing No.2B in the same apartment building. The first defendant is the husband of the fourth defendant, while the second and third defendants are the office bearer and the Association of the apartment owners respectively.