R.A. DAYANAND Vs. ASHOKA CHAMBERS OWNERS ASSOCIATION

JUDGEMENT

(1.) This Civil Revision Petition is filed against the orders of the trial Court in E.P.No.4 of 2018 in I.A.No.297 of 2013 in O.S.No.872 of 2013, dtd. 9/9/2021.

(2.) O.S.No.872 of 2013 is filed by the plaintiffs/revision petitioner against M/s. Ashoka Chambers Complex Building, represented by its Secretary for mandatory injunction against the defendants Nos.1 to 13/ Respondents herein to restore status-quo-anti of electric transfer and mandatory injunction directing the defendant No.3 for removal or demolition of illegal construction made by the legal representatives of defendant Nos.6 and 7 colluding with defendant Nos.1, 2 and 5 in the "B" schedule property and for grant of perpetual injunction against the defendants 1, 5 and legal representatives of defendant No.6 from interfering in the enjoyment of common passage for parking and also to direct the defendant Nos.1,2 and 5 to render true accounts pertaining to the maintenance of the Ashoka Chambers building and for perpetual injunction against the defendant Nos. 1, 2 to 5, legal representatives of the defendant No.6 and 7 from using any portion of front open space of plaintiffs premises situated in Ashoka Chambers, Adarshnagar, Hyderabed, and to award damages to a tune of Rs.2,75,000.00 for breach of Easementary Rights and causing damages to the schedule property, including common areas, common parking, common passage, cellar portion and common amenities etc., for day-in and day-out".

(3.) During the pendency of the suit proceedings, I.A.No.297 of 2013 is filed under Order 39 Rule 1 and 2 of CPC for granting of temporary, mandatory injunction directing the defendants 1 to 6 to remove and demolish pan bunk, causing obstruction to southern common passage, bathroom, syntex water tanks and gas cylinders etc., in the common parking place in Ashoka Chambers Complex Building. Petitioner Nos.1 and 2 herein are the absolute owners and possessors of shop No.3 on the ground floor of Ashoka Chambers Complex Building, facing to road side of the complex with shutters open one towards the eastern side of the main road and another on the northern side of the common passage of the said complex. The petitioners purchased shop premises under registered sale deed vide document No.1555/91, dtd. 24/7/1991.