JUDGMENT :

Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code, 1908, against the judgment and decree dated 22.12.2015 in O.S.no.9908 of 2010 on the file of the 17th Additional City Civil Judge, Chennai.

1. The first appeal is directed against the judgment and decree passed by the trial Court in O.S.No.9908/2010 filed for declaration and permanent injunction in respect to the property more fully described under schedule ‘B’ of the plaint and for mandatory injunction to remove the permanent structure put upon by the defendants in the area marked as “X,Y and Z” in the ‘B’ schedule property.

2. The brief facts leading to the appeal:

The suit property is a residential complex known as “Temple View Apartments” situated in 6 grounds 929 sqft land more fully described under schedule ‘A’ of the plaint. The subject matter of the dispute is the front set back meant to be kept as open space and for common usage of all the co-owners. The said portion is described as ‘B’ schedule property measuring approximately 2004 sq. ft. The flat owners are entitled for the right of easement along the common passage measuring 16 ft. width on the western side of the apartment and also