DATED: 08/02/2023
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encroachment of the common plot by respondent
No.4 on common open plot. The learned Single
Judge has observed
remedy by filing the suit
and establish its right over the common plot so also the aspect of
encroachment. But to come before this Court ... remove the so-
called encroachment of the common plot by respondent No. 4
on common open plot. The learned Single Judge has observed in
para
Mr. Ghanashyam Malhotra And Ors vs Vithalnagar Chsl on 3 November, 2023
Author: Sandeep V
Agreement executed for sale of open plots provided
as under:
10. FORMATION OF CO-OPERATIVE HOUSING SOCIETY OF
ALL PLOT HOLDERS :-
With intention to have ... possessor of all internal roads and open spaces as
shown in the layout and common maintenance of such open space and in-
ternal road
Agreement executed for sale of open plots provided
as under:
10. FORMATION OF CO-OPERATIVE HOUSING SOCIETY OF
ALL PLOT HOLDERS :-
With intention to have ... possessor of all internal roads and open spaces as
shown in the layout and common maintenance of such open space and in-
ternal road
Government declared
the entire 110 acres as a single plot without any reduction
towards common amenities and green space etc. for the purpose
of granting ... Area 41.75 Acres(100%)
Plotted Area 26.65 Acres(64.07%)
Roads Area 4.82 Acres (11.55%)
Open space 4.29 Acres (10.27%)
Common amenities(in 1997)5.89 Acres
dated 21.02.1980 and 19.05.1980. Under
Ex.P11, the plaintiff purchased the plot totally measuring 9,595
sq.ft. i.e., East to West ... southern boundary is the compound wall of
Basavanappa Chandramohan (common) and to the north open
plot of Prabhakar Atnoor. The sketches are appended
misconceived for the following reasons:-
a). That the plot in question i.e. Plot No. 124-A cannot be
earmarked as a 'park ... land which are earmarked and specified for common facility areas
with open space and not the plot involved herein, which is more
akin
defendants also claimed declaration that the door opened by
the plaintiff in common wall appurtenant to Plot No. 490A
and Plot No. 490B was illegal ... name
of defendants for Plot No. 490A and 490B. The defendants
further submitted that in the common wall, the plaintiff
opened a door
order of cancellation holding that the plots
allotted to the petitioner have been demarcated as an open space reservation area.
He would further submit that ... sheds and 8 stray plots by SIDCO and
that the stray plots had been earmarked as common purpose/open space
reservation area. Without considering
