P RAGHU KUMAR Vs. A CHAKRAPANI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed by the appellants/plaintiffs, against the order passed by the II Additional Chief Judge, City Civil Court, hyderabad in I. A. 5643/2007 in O. S. 538/2007, dated 31. 03. 2008, under which an application filed under Order 39 Rules-1 and 2 CPC, was partly allowed, limiting the injunction order granted earlier for a limited period of three months so as to enable the petitioners herein to call upon their builder to provide them an approach for the northern block parking area in the cellar.

(2.) THE plaintiffs filed the suit O. S. 538/2007 for grant of permanent injunction in their favour restraining the defendants, who are respondents herein, from taking up any construction either in the cellar or any other common areas of the building like staircase, terrace portion of the building either in the nature of partition/dividing wall or otherwise affecting the accessibility of parking portion allotted to the respective flat owners through the southern side main entrance of the cellar of premises bearing No. 8-2-293/82/l/275/a, Venkatesh residency complex, MLA colony, Road No. 12, Banjara Hills, Hyderabad in any manner whatsoever.

(3.) PENDING disposal of the suit, the appellants/plaintiffs filed I. A. 5643/2007 for grant of temporary injunction under Or. 39 Rules-1 and 2 CPC. An order of injunction, directing to maintain status quo was granted on 08. 10. 2007 and after filing the counter by respondent Nos. 1 to 4, the said injunction order is directed to be continued for a limited period of three months only by order dated 31. 03. 2008 so as to enable the petitioners/plaintiffs to call upon their builder to provide them an approach for the northern block parking area in the cellar. Aggrieved by the same, the petitioners/plaintiffs filed this appeal.