AMRUTHA ESTATES Vs. EMERALD APARTMENT OWNERS ASSOCIATION

JUDGEMENT

(1.) The first defendant in O.S.No.1698 of 1995, on the file of the learned IV Junior Civil Judge, City Civil Court, Hyderabad, filed this Second Appeal, aggrieved by the judgment, dated 31.08.2006, in A.S.No.443 of 2000, rendered by the Court of XIV Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The first respondent, who is an association of owners of one of the blocks, constructed by the appellant-Company, filed the suit. It is stated that the appellant constructed Emerald Delux Apartments at Amrutha Hills, Punjagutta, Hyderabad, with an independent area, earmarked for children's play in front of the entrance of the complex, on the northern side, separating two other complexes. It was alleged that the appellant was attempting to bring about construction on the area, referred to above, and sought for the relief of perpetual injunction, to restrain the appellant or anyone claiming through it, from interfering with its possession, over the said area. The details of the activities, attributed to the appellant, were furnished.

(3.) The appellant filed written statement, denying the allegations. It was pleaded inter alia that the three blocks, by name, Saphire, Emerald and Topaz, are contiguous to each other and that the first respondent does not have any exclusive right over any particular area, much less, the one described in the suit schedule.