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2022 Supreme(Mad) 972

G. CHANDRASEKHARAN
M/s. B. B. C. Spring Field Flat, Owners’ Association – Appellant
Versus
Inderchand D. Kochar – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. P. Subba Reddy
For the Defendant : Mr. M. V. Venkataseshan, Mr. M. A. Lakshmipathi

JUDGMENT :

Prayer: This Civil Suit is filed under Order VII Rule 1 of C.P.C. r/w Order IV of Rule 1 of the O.S. Rules , for a decree and judgment against the defendants and their agents, servants or any one acting under them:

(a) Declaration that the sale deed executed by 7 defendant in favour of defendant 1 to 6 on 15.4.2005 and registered as Doc.No.819 of 2005 for the “B” Schedule property is null void and delivery of the possession (excluding the dwelling units on rear side) of the “B” Schedule property to the extent of vacant land in order to make it as common area for the entire property as per 1st Original Sanction Plan B/13969/89 dated 20.6.1990 issued by 10th and 11th defendant to enjoy by all the occupants of 18 grounds 58 sq. feet., belongs to entire Flat owners of the Association and thus render Justice.

(b) Mandatory direction to remove the compound wall with gate (as shown in the plan attached to plaint) marked red put up by the defendants and remove unauthorised construction of compound wall as shown in the Plan by defendants 10 and 11 in between the front property and the rear side properties i.e., between “A“ and “B” Schedule properties as shown in the Plan attached t

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