ENNALA PANDARINATH Vs. SHYAMALA KUTTIKKARA

JUDGEMENT

(1.) This Second Appeal is filed against judgment and decree in A.S.No.25 of 2011 dtd. 24/8/2015 passed by the I Additional Chief Judge, City Civil Court, Secunderabad, whereby the 1st appellate Court set aside the judgment of trial Court in O.S.No.855 of 2008, dtd. 21/12/2010 passed by the First Junior Civil Judge, City Civil Court at Secunderabad.

(2.) The appellant is the plaintiff and the respondent is the defendant in the suit i.e., OS No.855 of 2008. For the sake of convenience, the parties hereinafter will be referred to as arrayed in the Original Suit.

(3.) The plaintiff filed suit seeking a mandatory injunction against the defendant to hand over car parking space No. 9, which the plaintiff alleges was altered and renumbered as No.11. The plaintiff purchased Flat 402 along with car parking space no. 9 from the defendant, through registered sale deed dtd. 4/6/2008. The defendant, owner of the land, was allotted Flat Nos. 402 and 404, along with parking spaces no. 9 and 11, respectively, after construction. The plaintiff verified parking space no. 9 before purchase. However, the plaintiff claims the defendant later swapped parking spaces, renumbering space no. 9 as 11, and vice versa. The defendant allegedly rented Flat 404 and allowed tenants to use the original parking space no. 9, now renumbered as 11. The plaintiff contends the defendant had no authority to alter the parking space numbers without approval from the flat owners' association or promoters. Parking space no. 9 (renumbered to 11) is near the apartment's electric meters, which the plaintiff claims violates the AP Fire Service Act, National Building Code, National Electrical Code, and the AP (Promotion of Construction and Ownership) Act and Rules 1987.