disconnected the bore well connection and blocked the pathway to the common terrace. The respondents 1 and 2, through the respondents 3 and 4, shifted ... three phase electricity connection, bore well water supply and access to common terrace enjoyed by the petitioner at the time of passing of interim injunction
enjoyment of the open terrace. The Defendants have no right to usurp the
terrace which is a common area available for equal enjoyment ... enjoyment of the open terrace has been deprived
which the learned Judge failed to consider. The terrace is an open common
area where construction
enjoyment of the open terrace. The Defendants have no right to usurp the
terrace which is a common area available for equal enjoyment ... enjoyment of the open terrace has been deprived
which the learned Judge failed to consider. The terrace is an open common
area where construction
reach the entire open terrace. There is one building on the eastern
side of open terrace above common varanda and Ramaiya's portion ... Palaniyappan to reach their
terrace portion and the defendant started putting up construction above terrace
portion in open terrace and such giving rise to cause
demolish the illegal construction and
dismantle the sheds put in the common open terrace, at AB-126 (Old Door ... without any permission or authorisation, had done some work on the
terrace/open common space area and started a commercial venture under
the name
built up area of
702 sq.ft. with tiled roof, common open terrace with a right to
ingress and egress in the common pathway, borewell ... judis
S.A. No.333 of 2024
with tiled roof, common upen terrace with a right to ingress
and egress in the common pathway, borewell
common staircase as well
as from using his terrace by having access through the common staircase.
According to the plaintiff, only under those circumstances ... plaintiff is entitled for having access
through the common staircase for reaching his terrace, which is located
over and above his shops in the first
right or authority to put up any
unauthorized construction in the common open terrace. While so, the 4th and
5th defendants regularized the unauthorised construction ... first defendant to reserve and claim the exclusive right to
the common open terrace portion and right to put up additional construction.
But the said
affixed to the side wall
Room 5 - Discarded electrical wirings
c. Terrace and common passage.
Few discarded wooden planks.
The above list is exhaustive ... Room 3 - Nil
Room 4 - Nil
Room 5 - Nil
C. Terrace and common passages
Nil
The above list is exhaustive and is evindenced vide
respect of relief given to
unauthorized units in Stilt and Terrace common areas at Rajathi Apartments
bearing address as No.19/10, South Boag Road