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Contention of the petitioners:

(2) Along with the said two flat nos. 9A and 9B the petitioners acquired two car parking spaces at the said premises. They have also taken on rent one car parking space from one M/s. M.C. Sarkar & Sons being the owner of flat no 4 at the said premises. The petitioners as also some other flat owners were originally allotted car parking space in the basement of the building but the same is inaccessible because of inherent defects in the structure of the building. As such, those who owned car parking space in the basement have been parking their vehicle on the ground floor open area along the driveway. (3) In the above suit by an order dated 24th August, 1991 Joint Administrators were appointed over the said premises. Since then, the said premises have continued to be under Joint Administrators although the personnel of such Joint Administrators have changed from time to time. (4) The common passage on the ground floor which is used for car parking and for ingress and egress of vehicle is from Loudon Street to Moira Street. At all material times the Loudon Street gate used to be kept locked and both ingress and egress used to be through Moira Street. This was the position till the Louden Street gate was opened sometime around July, 2006. (5) The petitioners' cars are parked in their allotted space on the Louden Street side of the common passage which is over 13 ft. wide while the passage on the Moira Street side is even wider.

(12) The petitioners brought the aforesaid to the notice of the Joint Administrators who advised the petitioners to obtain appropriate orders from this Court. Hence the present application.

(13) The petitioners apprehend that the basement has been opened and repairing works are being done thereat illegally for the purpose of putting the basement into improper use. The basement cannot be used until and unless proper maintenance as directed by the order dated 11th August, 2006 is carried out. The basement was meant for car parking only and cannot be put to any other use. There is a partition wall impeding cars being parked in the basement which was built by the promoters in total deviation from the sanctioned plan. Hence the ingress and egress points for the vehicles to and from the basement are the same. This is very dangerous and it is absolutely necessary that the partition wall be demolished so that the cars entering from one gate can exist through the other gate. There are structural defects in the basement which require attention and correction in design and structure of the car parking.