defendant is trying to further encroach 8x4 feet setback area of
the schedule property. Hence, sought for the relief of
declaration that the plaintiff ... owner of the setback area 3x4
feet towards eastern side and for the relief of mandatory
injunction to demolish the encroached portion of 3x4 feet
defendant is trying to further encroach 8x4 feet setback area of
the schedule property. Hence, sought for the relief of
declaration that the plaintiff ... owner of the setback area 3x4
feet towards eastern side and for the relief of mandatory
injunction to demolish the encroached portion of 3x4 feet
ground floor,
there is no excess construction on the first
floor.
Setback area
In In Violation in
percentage
m2 'Sqf'
Setback area according ... floor
74.43 801.1
2 7
First floor 111.9 1205.
70 23
Setback area in the building
constructed Ground
floor-
Ground floor
interfering and more specifically from
doing any act in the common area / setback area of the
residential condominium, in violation of the co-ownership
rights ... structure of
whatsoever nature or create an easement in the setback
area exclusively for the defendant or otherwise, either in
the area lying adjacent
interfering and more specifically from
doing any act in the common area / setback area of the
residential condominium, in violation of the co-ownership
rights ... structure of
whatsoever nature or create an easement in the setback
area exclusively for the defendant or otherwise, either in
the area lying adjacent
further contended that the defendant has not left any
setback area as required to the north of his house. Hence,
the plaintiff filed a suit ... defendant is in accordance with a sanction land and
a requisite setback area has been left on all sides of the
property in accordance with
plan. The Commissioner's report and also the setback area
in respect of first floor it is noticed that an enclosed projection
area ... property belonging to the appellant Sri.B.V.Suresh, setback
area of 2 feet is uniformly left which is same as in the ground
floor
extended their roof much
beyond their wall to the eastern side setback
area of the plaintiff while repairing their roof.
ii) Looking into ... tiles beyond their western wall edge by
encroaching the setback area.
iii) Admittedly, the plaintiff while constructing his
new building in CTS No.2258, after
ANNX-G
CONDUCT PROPER ENQUIRY SPOT INSPECTION, AS TO
SECURE THE SETBACK AREA AND THEREBY PREVENT ANY
FURTHER CONSTRUCTION THAT SHALL ENCROACH THE SAID
SETBACK ... Annexure-G, conduct proper enquiry, spot
inspection, as to secure the setback area and
thereby prevent any further construction that
shall encroach the said setback
building by encroaching upon the road and without
leaving setback area, sought for permanent injunction
to restrain the defendant from constructing the house ... setback area contrary to the sanctioned plan and
license and if the defendant has constructed the
building in the setback area, a mandatory injunction
