JUDGMENT

Dated this the 25th day of May, 2023 RSA No.331/2020 has been filed by the 4th defendant and RSA No.78/2021 has been filed by defendants No.1 & 2 in O.S. No.70/2009 on the file of Munsiff's Court, Ernakulam. (Parties would hereafter be referred as per their status before the trial court).

2. Plaintiff filed the suit for permanent prohibitory injunction as well as for mandatory injunction. 1st defendant is a partnership firm engaged in the business of building construction in the name and style 'Skyline Builders'. Plaintiff purchased duplex flat in the multistoried apartment ‘Skyline Topaz‘ at Kathrikadavu, Kadavanthra. As per the approved plan the total car parking area provided is 123 . But defendants 1 and 2 allotted car parking space different from the plan given to the plaintiff. Many common free space shown in the earlier plan were sold for car parking, for which defendants have no manner of right. As per the approved plan obtained from the Corporation on application by the plaintiff it has come out that many free space shown in the earlier plan is converted to parking space in the approved plan. Each car parking is selling for Rs.2 lakhs. Defendants have no right to se