also prayed for restoration of possession of the common space for
common water tanks on terrace of second floor and directions to
Digitally signed ... third floor"? When were these three common tanks
shifted from common Mumty to the terrace on the third floor?
Ans. I cannot recall
plaintiff in the land underneath
the building and common area, usage of common terrace over the third
MCA NO. 9/2024 Page ... grab entire common area i.e. stilt parking including entire front setback
area as well as entire common terrace of the Third Floor with right
favour of
the plaintiffs in which they have got the common terrace rights
upon the roof of the second floor. That defendant is only having ... common
terrace rights" used in the grant have to be given a logical meaning
i.e., terrace was to be common
cannot convey the ownership of the terrace which is common
terrace. He submits that it is admitted that the terrace in question if
Sairaj/Shubham ... 2025 22:28:38 :::
FA-464-2017 (final).odt
terrace which would be common amenity to be enjoyed by all the
occupants of the said
cannot convey the ownership of the terrace which is common
terrace. He submits that it is admitted that the terrace in question if
Sairaj/Shubham ... 2025 22:28:37 :::
FA-464-2017 (final).odt
terrace which would be common amenity to be enjoyed by all the
occupants of the said
illegal and unauthorized construction over the suit property after
demolishing the common terrace, bathroom and store and merging
the same with the rooms under their ... alleged that the defendant no.1 to 3 have
demolished the common terrace and curtailed the common terrace
and have further demolished the common bathroom
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
Segment A terrace but also maintain and repair the same. That there
is conscious distinction between Segment A terrace and Segment
terrace in the Declaration ... Declaration, where only Segment B terrace has been included.
Thus, Segment B terrace is a part of common areas and facilities. As
contradistinct from Segment
Segment A terrace but also maintain and repair the same. That there
is conscious distinction between Segment A terrace and Segment
terrace in the Declaration ... Declaration, where only Segment B terrace has been included.
Thus, Segment B terrace is a part of common areas and facilities. As
contradistinct from Segment
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