JUDGMENT :

1. Heard learned counsel for the appellant and Sri Ashish Kumar Srivastava, learned counsel for the respondent.

2. Present appeal has been filed for setting aside the judgment and decree dated 4.11.2019 passed by Additional District Judge, Court No. 23, Kanpur Nagar in Civil Appeal No. 33 of 2019 (Jassi Apartments Welfare Society vs. Suresh Khiyani) arising out of O.S. No.1079 of 2011 (Jassi Apartments Welfare Society vs. Suresh Khiyani), which was dismissed by the trial court vide judgment dated 11.02.2019.

3. The plaintiff-respondent filed a suit for permanent prohibitory injunction as well as mandatory injunction for removal of the constructions raised during pendency of the suit. The suit was filed on the ground that Flat No. 102 was purchased by the defendant alongwith common space, which was encroached upon by him alongwith his wife during pendency of the suit on 25.1.2014 and the open common parking area was surrounded by a wall for personal use and illegally encroached upon by his wife Smt. Arti Khiyani and his son Rishi Khiyani. The suit was contested by the defendant and denying the plaint allegations it was pointed out that Flat No. 102 was purchased in the name