dispute
that the plaintiffs have constructed compound wall on the
common plot and thereby the defendants have filed the
application before the concerned Police Station ... Montu @ Popat Chelaji Marwadi to
carry on kachcha construction in the common plot by
obtaining Rs.5,00,000/- from him. Thus, the plaintiffs
Page
2010 CAV JUDGMENT DATED: 30/04/2026
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Manek Park Society Common Plot, four to five boys are
sitting and consuming alcohol, therefore ... investigation, and went
to Motinagar Manek Park Society's Common Plot, where they
could not find any person therefore, they searched the
surrounding field
mutated in revenue
record pursuant to a family settlement arrangement. The common plot
was never distributed and it always belonged to the father ... permission
was granted along with a lay out plan wherein including plot, common
plot and land for industrial purpose and internal road delineated
Page
fence on 22.06.2008 and
thereby blocked the access to a common plot. This led to a quarrel,
and the complaint was lodged thereafter. After investigation
room allotted by the Chairman
of the society on a common plot. A dispute arose
between the society members and the family of the
deceased ... regarding construction activities undertaken
on the common plot adjacent to the said room. The
matter escalated to the Rajkot Municipal Corporation,
which issued notice
same larger plot described in
Schedule A. The larger plot is the property referred to as the said
plot under Section 4 of the MOFA ... this plot. The agreement treats this entire plot
as a single property. Clause 14 directs conveyance of this property
to the common organisation. Therefore
subject plots needs to
be carried out prior to sale of any individual plot. He has submitted
that the plot ... vacant plots and construction of sheds was carried out by
GIDC considering them to be individual plots, whereas, the plots
which form the subject matter
that Court allowed the
superstructure to be partitioned leaving the plot to be common.
It is argued that petitioner who was not party ... members leaving the leased plot
RC ARC No. 35/2016. Ram Pratap Sharma Vs Indira Jain Page 27 of 33
common. In the judgment
heritability, maintenance of the units, management of common
areas etc., It does not define the 'association of the apartment
owners', whereas, we find ... with
the undivided proportionate title in the common areas
and hand over the physical possession of the plot,
apartment or building, as the case
When different persons buy
undivided shares in a plot of land and engage a common
developer to construct an apartment building, with
individual ownership ... regard to respective apartment
and joint ownership of common areas, the co-owners of
the plot of land, do not become an "association
