KESHAV AGGARWAL Vs. SUDARSHAN KUMAR BANGA

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India has been filed by the appellant against order dated 22nd May, 2010 passed by Additional District Judge, New Delhi, whereby appeal filed by the respondents against order dated 11th February, 2010 passed by Judge Small Cause Court was allowed.

(2.) Brief facts of this case are that petitioner and his wife are the joint owner of the entire third floor of property bearing no. B-365, Chitranjan Park, New Delhi. Respondent nos. 1 and 2 are the owners of the ground floor. On the ground floor, there is a front setback, east side common passage and rear setback for common usage of the occupants so as to facilitate the common facilities. There are water pumps installed for each floor adjacent to the underground water tank. Respondent nos. 1 and 2 in violation of the terms and conditions contained in the sale deed, have debarred the petitioner and other occupants from operating, maintaining and cleaning the water pump as well as groundwater tank. Aggrieved by their illegal action, petitioner filed a suit seeking permanent injunction against the respondents. Trial court after considering the pleadings, allowed the application of the petitioner under Order 39 rule 1 and 2 of the Code of Civil Procedure (for short as ,,Code), vide order dated 11th February, 2010.

(3.) Aggrieved by the trial courts order, respondents preferred an appeal. First Appellate Court, vide order dated 18th March, 2010, stayed the operation of order dated 11th February, 2010 of the trial court.