NALINI RANJAN Vs. ARADHANA BANGA

JUDGEMENT

(1.) M.L. MEHTA, J. . This petition under Article 227 of the Constitution of India is filed assailing order dated 19th July 2010 of the Additional District Judge (ADJ) whereby the appeal filed by the respondents against order dated 11.02.2010 passed by the Civil Judge was allowed and the said order dated 11.02.2010 was set aside.

(2.) PREMISES in question i.e. B-365, Chittranjan Park, New Delhi has five apartments viz Basement, Ground Floor, First Floor, Second Floor and Third Floor. Petitioner, her husband and her daughter are the owners of basement and second floor of this premises. Defendant No. 1 and her husband are the owners of the ground floor. Other portions are in possession of other persons. The dispute is regarding common passage at the rear set back of the building where there are four underground water tanks for four apartments. The petitioner had filed a suit against the respondent No. 1 and erstwhile owner � respondent No. 2 Mr P.P. Sharma with the grievance that defendant No. 1 was illegally obstructing the use of passage at the rear set back of the premises by putting iron gates, building illegal extension and keeping junk material thus making it impossible for the other owners to have access to the water tanks and the pumps. In the said suit application Under Order 39 Rule 1 & 2 CPC was allowed by the Additional Senior Civil Judge (ASCJ) vide her order dated 11.02.2010 in the following manner.

(3.) I have heard learned counsel for the parties and perused the record.