M. Chockalingam, J.

1. These appeals have arisen from a common order of the learned Single Judge of this Court made in O.A.Nos.792 to 794 of 2003, 901 to 903 of 2003 and 56 of 2004 in C.S.No.697 of 2003.

2. The appellant is the plaintiff in all these appeals.

3. In C.S.No.697 of 2003, the plaintiff, a flat owners association, on the basis of the averments and allegations, sought for (a) a mandatory injunction directing the defendants to remove the unauthorized structure being Chimneys, blowers and generators; (b) a mandatory injunction directing the defendants to remove the obstructions and hindrance caused to the property described in Schedule B(a) and B(b); (c) a decree for a sum of Rs.9,21,825/-as compensation or the use of Schedule B(a) and B(b) properties from December 2002; (d) future damages for the occupation at the rate of Rs.1,02,425/- from the date of plaint; (e) a decree against the defendants to pay maintenance charges quantified at Rs.72,85,000/-from 4. 2003 till the date of plaint and at the same rate after plaint; and (f) an injunction restraining the defendants from letting any sewerage or sullage water, being a source of nuisance in the residential area. At the time of filing of the suit, the plaintiff filed six applications for interim reliefs namely O.A.No.792/2003 to restrain the defendants from causing nuisance to the members of the plaintiff association by polluting the air, creating excess noise pollution and letting in sewerage and sullage water thereby polluting the main source of the plaintiffs drinking water situate within Schedule A property; O.A.No.793/2003 to restrain the defendants from preventing the members of the plaintiff from the use of the Schedule B(a) and B(b) properties as well as other common areas; O.A.No.794/2003 to restrain the defendants from utilizing the common amenities of the plaintiff including the car parking space, the lifts, the terrace and other facilities without payment of maintenance charges; O.A.No.901/2003 to restrain the defendants from utilizing Schedule B(b) property for any other purpose other than the purpose for which it has been set apart; and O.A.No.902/2003 to restrain the defendants from utilizing the Schedule B(b) property either as a kitchen or for storage of combustible materials/LPG cylinders; and O.A.No.903/2003 to restrain the defendants from operating/using the unauthorized chimneys installed around Block A of the Schedule A property. The fifth defendant filed O.A.No.56 of 2004 for an ad-interim injunction restraining the first respondent/plaintiff association from preventing the entry and parking of the commercial vehicles carrying provisions, vegetables and other articles and of the staffs of the applicant in parking slot at the rear portion of A Block of the suit mentioned premises.

4. The case of the plaintiff who sought the interim reliefs as could be seen from the averments in the plaint and affidavits in support of the applications can be stated thus:

.(a) The members of the plaintiff association are owners having undivided share in the land and corresponding built up area in the Schedule A property and they are entitled to the common enjoyment and use of the Schedule B(a) and B(b) properties. The association was formed to protect and promote the basic amenities and also the welfare and common interest of the owners of the suit property. The entire common areas, basic amenities and maintenance vested with the society and no individual member has got any exclusive right to be claimed or authority over any of the common areas or amenities in the suit property. It is also reflected in the bye-law of the plaintiff association. The defendants 1 to 3 had purchased certain commercial apartments in Block A of the said property; but, they laid exclusive claims for Schedule B(a) and B(b) properties and obstructed the plaintiffs members from the common use and enjoyment of the common areas which was objected to by the other apartment owners