GOVINDACHARY AND ORS. Vs. GENESIS APARTMENT OWNERS ASSOCIATION

JUDGEMENT

(1.) AGAINST the rejection of the application filed under Order XXXIX Rules 1 & 2 CPC, MFA No. 5660/2015 has been filed and against the order passed on the application filed under Order XXXIX Rule 4 CPC vacating the ex parte order of temporary injunction, MFA No. 5661/2015 has been filed.

(2.) PLAINTIFFS have filed O.S. No. 2760/2015 seeking a decree of permanent injunction restraining the defendant from interfering or blocking the usage of the suit schedule road measuring 40 feet in width and 660 feet in length by the plaintiffs. Alternatively, relief of declaration has been sought to the effect that plaintiffs have easementary rights to use the schedule road to reach their property by way of easement of prescription.

(3.) ACCORDING to the plaintiff, they have also got their lands converted; plaintiffs were using the above mentioned suit schedule road from the date of purchase of their lands to reach the 60 feet public road; the said road was the only road available to them to reach the public road, inasmuch as except the said road, there was no other alternative road to reach plaintiffs' property; during March, 2015 defendant tried to block the suit schedule road by putting up construction of a compound wall; plaintiffs approached the jurisdictional Police to stop the work, but the Police refused to receive the complaint stating that dispute was of civil nature, therefore, plaintiffs were constrained to approach the Court.