urgent decision is taken or steps are
taken, then common open plot will be encroached. In view of
the same, request is made ... pointed out that society has been
formulated on the basis of common open plot as well in the
sanctioned plan and it is attempted
immediately remove the illegal and
unauthorized construction put up on common
open plot of Jalaram Nagar Co.Op. Housing
Society Ltd. by the respondent
Assistant Government Pleader Ms. Thakore pointed out that
there are two common open plots (COP) which are described
into decree of the Court provided
inter alia firstly that the open common plot space
which was located between the boundary of the house ... temple,
shall be erected between the proposed temple and the
common plot. It was thirdly agreed to be made part of
the decree that
meters and length of 50 kms.
has been constructed except the disputed plots of
the petitioner society. It is not in dispute that
the Final ... whom the plots have been
allotted in the common plot of the appellant -
petitioner society can be accommodated in the
said open space is concerned
land of Narayannagar Society known
as common plot land of the society which is situated at Revenue
Survey No.4/2 block ... case of the petitioners that
society is having open space area which is earmarked as common
plot in the map of the society
ORDER
legal proceedings for removal of encroachment and
obstruction from spaces of common use and
enjoyment ?"
[5] "Whether the Courts below were justified ... deceased
Respondent no. 1 herein there exists open space,
road and common plot of the ownership of the
present appellant no. 1Society and that
common plot of the society. It was
the case of the plaintiffs before the Trial Court that the said
defendant had encroached upon the common ... plaintiff proves that, the
common plot, as mentioned in Para : 1 and 2 of
the plaint, should be kept open as per the Rules
indicated in clauses (11) to (13) has to
be undertaken in a common sense manner as a prudent
man of the world of business would ... rigid rule. Common sense is the best and most
reliable guide. For instance, take the factor regarding
the size. A building plot of land
Scheme no.14, Final Plot no. 30, Paiki "Amarapura
Chali" Paiki Municipal Census No.1628/26 paiki Private
Room No. 34 Area Approx ... 1628/25 Room.
South : Vaghari Vali Chali's Road;
East : Common Wall with Chunilal Vaghri.
West : Main Road.
4) If the secured assets
