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2014 Supreme(Kar) 1073

ARAVIND KUMAR
Abhay Kewadkar – Appellant
Versus
Residences at Benson Town, Apartment Owners Association – Respondent


Advocates Appeared:
For The Appellant : Nalina Mayegowda
For The Respondents: D.N. Nanjunda Reddy, Senior Counsel for Sreenidhi V.

JUDGMENT :

Aravind Kumar, J.

1. This is a defendant's appeal challenging the order passed by 42nd Additional City Civil & Sessions Judge, Bangalore, dated 02.09.2014 in O.S. No. 6414/2014, whereunder I.A. No. 2 filed by the plaintiff for the relief of temporary injunction to restrain defendant or anybody on his behalf from putting up further construction in the scheduled terrace, has been allowed. I have heard the arguments of Smt. Nalina Mayegowda, learned Counsel appearing for appellant and Sri D.N. Narnjunda Reddy, learned Senior Counsel appearing for respondent. Perused the order under challenge. Parties are referred to as per rank in the trial Court.

2. Plaintiff has flied a suit for perpetual injunction to restrain, the defendant from putting up any illegal construction in the terrace area of the apartment Nos. 308 and 309 and in the terrace garden area of apartment No. 306, contrary to deed of declaration and administrative rules and regulations of plaintiff-Association and for a mandatory injunction to demolish and remove all illegal construction in the scheduled terrace garden area of apartment Nos. 308 and 309 and in the terrace garden area of apartment No. 306. In aid of co















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