defen dant t hat the
space which is referred to as common space by the plaintiff is actually part
Suit No.1155/2016 Page ... filed a suit in respect of the alleged common space.
Thereafter, plaintiff's evidence was closed vide order dt.05/12/2017.
Suit
authority, the areas of residential unit as well as of the common spaces and common buildings are specified and super area cannot change until there ... should provide a comparison of the areas of the original approved common spaces and the flats with finally approved common spaces/ buildings and the flats
ground that Flat No. 102 was purchased by the defendant alongwith common space, which was encroached upon by him alongwith his wife during pendency ... undivided share in the land measuring 24 sq. mts., is a common space open for use of all the flat owners.
12. It is pertinent
that in the northern
side of the house, there was a common space
admeasuring 16x4 feet for their nistari rights,
drainage and for cleaning ... kaccha toilet. On
21/10/2003, defendants have closed that common
space by erecting a wall at the place 'n' and
also closed
plant
together with the control room. Counsel claims that the open space /
common area remains with the petitioner as the owner and the lessee
(defendant ... been able to
establish a right to use of the common space, it is important to see the
relevant portion of the agreement executed between
authority, the areas of residential unit as well as of the common spaces and common buildings are specified and super area cannot change until there ... should provide a comparison of the areas of the original approved common spaces and the flats with finally approved common spaces/ buildings and the flats
with specific boundaries, comprising of
land with 3 residential buildings and common vacant
spaces, as per the registered sale deed, dated ... cross road and
comprising of land with 3
residential buildings and
common vacant spaces.
SCHEDULE-B
All that piece and parcel of residential house
situated
have equal rights on proportionate area of the land
including the common spaces i.e. staircase and parking area but later
on defendant shifted ... favour of the plaintiff alongwith the right to utilize the
common space with proportionate interest in the land.
Admittedly,appellants did not keep any right
reputation in the market.
10. It is also stated that it is common in the field of pharmaceutical
drugs to name the drug after the ailment ... defendants operate in two
entirely different orbits without sharing any common space. The visual
appearance of the two marks, is entirely different, and they relate
maintenance and safety, or normally in common use;
.......................
(q) "limited common areas and facilities" means those common areas and facilities which are designated ... prejudice financially by treating open parking space / standalone parking spaces as part of the common areas since he is entitled to charge for the same
