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2008 Supreme(Mad) 3195

M.CHOCKALINGAM, M.VENUGOPAL
Venkatachela Flat Owners Association Represented by its Secretary P. Sundareshwar – Appellant
Versus
T. Shanmuga Priya & Others – Respondent


Advocates Appeared:
For the Petitioner:T.R. Rajagopalan, Senior Counsel, D. Gangadharan, Advocate.
For the Respondents:R. Parthasarathy, R1 to R4, Sathish Parasaran, R5, P. Sukumar, Advocates.

Judgment :-

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 ar



































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