K. NAMBI Vs. D. KIRUBA

JUDGEMENT

(1.) "LIVE AND LET LIVE" is the foundation on which the enjoyment of Common areas in an Apartment Complex thrives. Unfortunately, like the case on hand, litigation pertaining to enjoyment of Common areas has been on a steep rise.

(2.) The present litigation pertains to enjoyment of a Car Parking slot that has been purchased exclusively by one of the Flat Owners viz., the Appellant herein.

(3.) The Appellant is the unsuccessful Defendant in O.S. No.4606 of 2007, where he suffered a Decree for Mandatory Injunction to remove the Grill Gate measuring 15 x 10 feet put up by him in the Common area, over the underground Water Sump situated; as one of the Plaintiffs in O.S. No.4148 of 2008, where the Plaintiff had sought for Permanent Injunction restraining the Defendants viz., the other Flat Owners, from entering into the Suit property or making use of the same for any common amenities and to restrain them from interfering with the Plaintiff's possession and enjoyment of his exclusive Car Park, where also he suffered a Decree of dismissal of the Suit.