( 1 ) THIS is an application under Order 1, Rule 10 (2) read with Section 151 of the Code of Civil Procedure, 1908, filed by the Alipur Estates Residents Welfare Association. This suit is for the passing of a decree declaring "that the plaintiff has the exclusive rights to use the lawns at the back of the Unit No. 12 situated on the ground floor at 10, Alipur Road, Civil Lines, Delhi upto boundary wall of the plot at the back between the boundary wall of the Unit No. 12 as per site plan attached for all times to come in any manner. Similarly the plaintiff has the exclusive right to use the available lawns, lawn which is by the side facing the main Alipur Road, Civil Lines, Delhi, upto the boundary wall of the main Alipur Road, Delhi and between the boundary of Unit No. 12 to the side facing main Alipur Road, Delhi as per plan attached and that the defendants have no right to trespass on these lawns in any manner whatsoever.

( 2 ) A perusal of the plaint discloses that the plaintiff had purchased the immovable property from defendant No. 1 in 10, Alipur Road, Delhi. Defendant Nos. 2 and 3 are also other owners of other properties/ flats within the same plot. The plain