1. S.A.No.761/2008 arises out of the concurrent findings of Courts below granting declaration that Generator Room, Store Room, A.C. Room, M.E.S. Room referred in the approved plan as common amenities and common basement floor in "Lakshmi Apartments" as common area and granting Permanent Injunction and Mandatory Injunction.

2. S.A.No.802/2008 is preferred against the concurrent findings of Courts below dismissing the suit filed by the land owner for Permanent Injunction restraining the flat owners from interfering with the possession and enjoyment of 730 sq.ft. in basement floor in "Lakshmi Apartments".

3. Since both the appeals arise out of common Judgment involving common points for determination, both the appeals shall stand disposed of by this common Judgment. Though second appeals are of the year 2008, with the consent of the parties, at the stage of notice before admission, second appeals were taken up for final hearing. For convenience, parties are referred in their original rank as per their array in O.S.No.7077/2007.

4. Uncontroverted facts giving rise to the suit and appeals are as follows:-

(i) Lakshmi Apartments at No.12, Varadharajapet Main Road, Kodambakk