1 I.A.No.243 of 18 IN O.S.No.1528 of 2018
IN THE COURT OF THE X JUNIOR CIVIL JUDGE, CITY CIVIL COURT,
HYDERABAD
DATED THE 26th DAY OF JUNE, 2019.
PRESENT: SMT J PRASHANTHI
X JUNIOR CIVIL JUDGE,
I.A.No.243 OF 2018
IN
O.S.No.1528 OF 2018
Between:
Nagubandi Satyanarayana, S/o. Late N. suraiah, Aged 73 years, Occ: Agri culture, R/o. H.No.12215/D1/620, Flat No.620, 4th floor, Shiva palace, phase II, Gaganmahal, Domalguda, Hyderabad.
...Petitioner/Plaintiff
A n d
01. Smt. Shalini, W/o. Rajesh, Aged about 30 years, Occ: Pvt Employee, R/o. Flat no.613, 3rd floor, H.No.12215/D1 Shiva palace, phaseII, Gagan mahal, Domalguda, Hyderabad.
02. Sridhar Saini, S/o. Not known, Aged about 50 years, Occ: Employee, R/o. Flat No.611, 2nd floor, H.No.12215/D1 Shiva palace, phaseII, Gagan mahal, Domalguda, Hyderabad.
03. M/s. Shiva’s Palace, PhaseII, Flat owners Welfare Association rep., by its President, S. Krishna Murthy, President of Shiva’s Palace PhaseII, Flat owners welfare assication, R/o. Flat No.630, 5th floor, H.No. 12215/D1 Shiva palace, phaseII, Gaganmahal, Domalguda, Hyderabad.
...Respondents/ Defendants
This Petition is coming before me for hearing in the presence of M/s
M.V.Hanumantha Rao, Learned counsel for petitioner , and M/s Rajesh
Learned counsel for Respondent and perused the records this court deliv ered the following order:
ORDER
This is a petition filed Under Order 39 , Rule 1 and 2 of CPC, that the petitioner herein prays that the Honorable court may be pleased to grant an 2 I.A.No.243 of 18 IN O.S.No.1528 of 2018 ad interim injunction in favour of the petitioner against the respondents/de fendants, agents, henchmen, and persons claiming through respondents from interfering with the peaceful possession and enjoyment of the petitioner over the suit schedule property.
2.Notice given to other side, Counter filed. Heard on both sides. Perused the record.
3.The petitioner filed his affidavit and contended that the plaintiff in the main suit and herein petitioner in the present petition. That the petitioner purchased Flat.No.620 bearing separate municipal No.12215/D1/620 in 4th Floor in Shiva Palace PhaseII, in premises bearing No.12215/D1 situated at Gagan Mahala, Domguda, Hyderabad admeasuring 1100 Sq.Feet including common areas, and car parking space measuring 120 Sq.feet with specific boundaries together with undivided share of land 30 Sq.feet out of 1200 Sq.Yards, in the complex known as Shiva Palace, Gagan Mahal,
Domalguda, Hyderabad. The present is filed with regard to car parking I.e 120 Sq.feet with specific boundaries, from herein after the same is referred to as Schedule of property. That the petitioner purchased flat from Smt.
Chintakunta Vasanta W/o. Harinath Reddy for valuable consideration through registered sale deed no.1736 of 2012 dated:02052012, registered at S.R.O, Chikkadpally, along with car parking space with specific boundaries. From the date of purchase petitioner have been in continuous possession and enjoyment of the flat as well as schedule of property. On 1152012 the president of the welfare association has issued a letter allotting car parking space in Shiva Palace with specific boundaries in my favour, as I was admitted as member of the association. I.e Shiva’s palace
PhaseII, Flat owners Welfare Association which was duly registered vice registration No.769, after receiving copy of my registered sale deed. The car parking area was earmarked and same arrangement was made to me from 3 I.A.No.243 of 18 IN O.S.No.1528 of 2018 the beginning. The schedule of property i.e., car parking area/space is specifically mentioned with boundaries in the letter.
4.Earlier I went ot abroad for some time, taking advantage of his absence the respondents no.1 and 2 who are also the members of the flat owners association, started objecting petitioner from parking car and creating disturbance on the ground that they are going to reallot the car parking space by disturbing the earlier schedule and earlier allotment, which is illegal. That the petitioner submits that there is no chance to change in the allotments as the respective flat owners were given car parking space.
That the respondent No.1/defendant No.1 is claiming herself as secretary of the Welfare Association and she has been creating all sorts of disturbances to the petitioner as well as to other flat owners who are having car parking spaces. When my self and other flat owners have objected for construction of illegal flats on the 6th floor by the builder by name Mr.Jain Since then by supporting the builder the respondent No.2 started interfering with petitioner peaceful possession and enjoyment of the car parking space. Petitioner and other inmates have given complaint to the authorities with regard to illegal constructions made by the builder who has no authority since association has been formed and all the flats were sold away way back during the years 2000 to 2002 and at the same time parking space allotments were made to interested flat owners and how by taking help of unsocial elements and by threatening the inmates of the flats illegal constructions are being carried out for which petitioner and other owners have been complaint to the GHMC on 04.06.2018 and the GHMC authorities are proceeding further in this regard.
5. That the respondent No.1 and 2 other without any manner or right or interest over the schedule property I.e car parking space which is ear marked to petitioner are trying to disturb the same by stating that they are going to re allot and re shuffle the care parking areas. Which is illegal and 4 I.A.No.243 of 18 IN O.S.No.1528 of 2018 they have no power to do said activity as the respondent No.1 as stated supra was not even elected to represent the association. Further there are total 5 floors 30 flats are existing in the said Shi8va Palace PhaseII out of which only limited flat owners have purchased car parking space, as they have purchased initially and total parking area has been registered by the builder at the time of execution of registered sale deeds and no parking area is left over to any new persons. That the respondent No.1 and 2 are crat5ing hurdles to petitioner since last 2 weeks and on 27062018 and again on 28 062018 they have created lot of nuisance while parking petitioner vehicle and since then they are regularly interfering with petitioner peaceful enjoyment over the schedule of property. That the respondent No.3 is still working as president of welfare association, though complaint made but no action was taken by petitioner as such petitioner and others approached the police Chikkadpally but they have declined to take report saying it is in civil in nature, as such petitioner have no other alternative except to approach this Honorable Court. Hence petition for injunction
6.In contrary the counter was filed by the respondent/ defendant no.2 by denying the contents of the petition affidavit. All the allegations execept in so far as they are specifically adverted to hereunder are incorrect and therefore denied. The petitioner is put to strict proof of the allegations made therein. The petitioner did not approach this Hon’ble Court with unclean hand. The petitioner with all ill intention has filed the present suit with and there is no cause of action for the suit. The petitioner herein has filed this suit with malafide intention to have a wrongful gain and to deprive the legitimate rights of the entire society of the SHIVA PALACE, PHASEII FLAT
OWNERS WELFARE ASSOCIATION. The petitioner has suppressed the material facts that the suit schedule property is the not a nonallotted parking without any authorized permission from the society and has not approached the Honorable court with clean hands and thus the suit on this 5 I.A.No.243 of 18 IN O.S.No.1528 of 2018 single point is liable to be dismissed. That the adverse allegations are denied except those, which are specifically admitted hereunder, The allegations, which are not specifically admitted hereunder, are deemed to be denied. The petition field by the petitioner is neither tenable in law nor on the alleged facts and thus the suit is liable to be dismissed. The petitioner herein has no legal entitlement to institute the above suit and thus the suit and injunction application are liable to be dismissed. That the allegations in Para No.2 denied except, those which are specifically admitted hereunder. That the builder and developer of the SHIVA PALACE, PHASEII, has never allotted any parking slots to any of the registered owners of the flats of the said apartments from the time of registration of the flats to till date. It was tentatively mentioned about the car parking in all the Sale Deeds of the registered owners of the flats at the time of registering the respective sale deeds. That there was no physical allotment done to any of the flat owners to till date. That there was always ambiguity about the parking lots on the premises of the SHIVA PALACE,.PHASEII.
7. In the reply to the para No.3 and 4 all the allegations are denied except those which are specifically admitted hereunder, That the SHIVA
PALACE, PHASEII, FLAT OWNERS WELFARE ASSOCIATION was registered in the year of 2005 vide Registration No.769 of 2005. At the time of registering the above said welfare association the president of the association was Sri.Jupaka Mahesh, Vice president was Sri.Jal Raj, General Secretary was Sri.Sudheer Kulkarni, Joint Secretary was Sri. Suneet Sen, Treasurer was Sri.P.Visweshwar and Sri.K.Jayaram and Sri.Mario Benedict were the
Executive member. The said managing body was continuing and after a period of time the above body has become dysfunctional and no constructive and function body was elected by the SHIVE PALACE, PHASEII FLAT
OWNERS WELFARE ASSOCIATION. That the all the maintenance was under ambiguity and no member of the society was taking any responsibility of 6 I.A.No.243 of 18 IN O.S.No.1528 of 2018 working for the welfare of the society. That the alleged Managing body of
Dr.S.Krishna Murthy who is the respondent No.3 herein and other do not have any authenticity or authority to pass any direction or allot any parking lots to any flat owners of the society without common acceptance of the society members. It is totally false illegal and sham to accept any allotment of the parking lot to the plaintiff by the alleged president Dr.S.Krishna
Murthy. That the allotment letter filed by the petitioner is a created and fabricated letter as such it is the letter singed by the petitioner husband who is the self styled president of the unauthorized managing body of the SHIVE
PALACE, PHASEII FLAT OWNERS WELFARE ASSOCIATION., which was functioning without any approval of the competent authority.
8.In reply to the para 5, all the allegations are denied except those, which are specifically admitted hereunder. As there was no physical and permanent allotment of the parking spaces to the flat owners of the apartments, all the flat owners who ever won the cars are finding it difficult to park to the vehicles in the parking area. It is totally false and incorrect aversion of the petitioner that the respondent No.1 and 2 are creating the disturbance and objecting the plaintiff from parking the car. There is no authentic and proper managing committee of the society in function and majority of the flat owners have decided to hold the meeting of the society and resolve the various critical issues of the society. Pending such course of action by the society members, the plaintiff and her husband who is self styled president of the society has created and fabricated the allotment letter which has no sanction or consent of the other society members, has filed the false suit against the respondent No. 1 and 2 were always working in the interest of the society and to resolve the critical issues of the society for all times.
7 I.A.No.243 of 18 IN O.S.No.1528 of 2018
9. The allegations are denied except those, which are specifically admitted hereunder. There was no gross irregularities taking place in the name of the society by the unauthorized managing committee, all the flat owners and the members have collectively decided to take up the societies responsibilities and solve the burning issues. In the course of the action all the majority of the society members have decided to resolve the parking issue on the first priority. That there is no lawful and approved managing body existing, majority of the society members have decided to approach the district registrar or any other competent authority to get the elections conducted and regularize the functioning of the of the welfare society smoothly. With all the consent and the permission of the flat owners and the members of the society, respondent No.1 and 2 other members have taken up the responsibility to look after the day to day activities of the society till the society's elections are conducted officially and new managing body is elected. It is false to state that the respondent No.1 is claiming her self as the secretary of the welfare association. All the flat owners and the members have collectively raised voice against the illegal and unauthorized construction of the flats on the terrace at 6th floor and the same is pending
before the competent authorities for necessary action and it is further
submitted that the society will collectively abide by the decisions of the competent authorities with regard to the illegal and unauthorized construction on the sixth floor by the builder and his henchmen. Petitioner has approached the court of law with unclean hands fabricated the facts and created the false allotment letter to ease out the process of filing the present suit and obtaining the interim injunction against the respondent No.1 and 2.
That the defendant No.2 who is claiming himself as the president of the society has to prove his claim and authority of his presidency on the society and further give all the clarification on the irregularities of the societies funds and the monies collected during his alleged period. There is no lawful and approved managing body existing, majority of the society members have 8 I.A.No.243 of 18 IN O.S.No.1528 of 2018 decided to approach the district registrar or any other competent authority to get the elections conducted and regularize the functioning of the welfare society smoothly . All the consent and the permission of the flat owners and the members of the society , respondent No.1 and 2 and other members have taken up the responsibility to look after the day to day activities of the society till the society elections are conducted officially.
10.There was no legal sanctity to the alleged Management Committee headed by Dr.Krishna Murthy and Mr.M.Ramakrishna as Secretary . The said alleged managing body has took little interest and showed no leadership in resolving the problems. Over the year, with no proper maintenance, the conditions deteriorated Leakages spread over everywhere in the apartments premises. The flooring of parking area got damaged. The bore well yielded very less water and became almost dry in summer. The residents of the
Apartment suffered severely, resorting to purchasing mineral water agitated that they were not getting the much needed service like water supply both municipal water supply and bore well water supply, having to put up with leakages all over, with the potholed parking area, etc., the self styled president and secretary remained indifferent without any initiative. In such critical situation of the society of the apartment, the lady members of the society has came forward and started taking initiative to set right the chaotic situation. Since it was found that the problems were not getting resolved and the alleged self proclaimed President S.Krishna Murthy was not taking interest and leadership for solving the problems, several lady members came forward and started taking keen interest. In the meeting held few lady members came forward to take care of the Association. Thus, Mrs.Tripti Sen,
Mrs. Shalini , Srivastava, Mrs Veena Sham, Mrs.Aruna Blaraj, Mrs Neetha
Saini and Mrs.Vyjanthi Kulkarni were some members who are fulfilling basic responsibilities of the society welfare till the fresh elections are conducted.
9 I.A.No.243 of 18 IN O.S.No.1528 of 2018
11.With the consent of the members of the society a new bore well was being dug on the western side of the apartment for the common benefit of all the members of the society, the new bore well was connected to the sump and water supply resumed on. Due to this work many of the vehicles in the vicinity could not be parked in the relevant parking slots. And all the concerned flat owners have cooperated. Even the petitioner did not raise any concern during the above said period as it is known to him that it is for welfare of the society, However, the petitioner chose to file petitions in the court, that too, after few weeks and suppressed the facts relating to the new bore well, the fact is that many flat owners have been complaining not getting their parking slots and that each parking slot should be property identified and allotted to every entitled flat owners based on their respective
Sale deed. Accordingly copies of Sale Deeds are being collected. Instead of co operating in the process, the petitioner chose to approach the court of law, raising imaginary apprehensions that their parking slots issued by any president or the secretary of the society. There were some attempts in the past to make proper allotments but the attempts resulted in informal allotment but never was there a formal letter issued to the flat owners, leading to the conflicting claims of parking slots by the flat owners. All the flat owners could produce the Sale Deed copies but no one except the petitioner has produced a fabricated letter of allotment of parking slot and its sketch. Apparently, the letter and the sketch have been weaved and created by the petitioner in collusion with the alleged President S.Krishna
Murthy with an ulterior motive . That the petitioner want to occupy two parking slots for himself while he is entitled to only one parking slot. The sketch and the description of parking slots by the petitioner reveal the ulterior motive and covered intention of the petitioner. The alleged sketch and the allotment letter was prepared in the course of fabrication by the petitioner and the alleged President defendant No.3 himself leaving out all other flat owners who are entitled for the parking lots. The Sketch , issued 10 I.A.No.243 of 18 IN O.S.No.1528 of 2018 by the alleged President defendant No.3 shows the handwritten flat numbers of only three owners, ie. flat.No.620 who is the owner and wife and alleged
President Dr.S.Krishna Murthy, Flat.No.601 who is the owner Sri. Nagabandi
Satyanarayana. The boundary description of parking slots in respect of the petitioner shows the west is bound by Shiva PalaceII Road and East by
Watchman Rest Room and Electrical Room, Making the adjacent two car parking slots each for Flat.No.620 and 630 against their entitlement of one parking each. When the other aggrieved flat owners were agitating for proper allotment of parking slots, the alleged President respondent No.3 never ever attempted to resolve the issue and quietly kept the two parking slots for himself and allowed similar facility to Flat.No.620 for whatever deal they have between them but not known to others members of the society. The apprehension of losing the second car parking they have kept for themselves illegally without eligibility or authority , has approached the court of law with all fabricated facts. That the petitioner with his ulterior motive has approached the court of law to get the second parking area regularized in his favour at the costs of other entitled flat owners. That the petitioner has illegally occupied the space of the parking under the disguise of fraudulent allotment letter created and issued by the respondent No.3. The area of the parking lot is shown as 100 sq. ft whereas the petitioner has occupied the space of 450 sft and the petitioner is illegally stopping other owners of the apartment for parking the vehicles at the parking lot. The present petition is filed with the sole intention of causing loss the bonafide members of the society. As such the petition is liable to be dismissed with exorbitant costs.
Hence praying this court dismiss the petition with exemplary costs and on merits.
12.Heard both sides.
11 I.A.No.243 of 18 IN O.S.No.1528 of 2018
Now the Point for consideration whether the petitioner is entitled
adinterim injunction as prayed for ?
13.Heard both sides. Perused the record and on behalf of petitioner
Ex.P1 to P4, Ex.P1 is the allotment of car letter dt:05.05.2011, Ex.P2 is
Parking layout of Shiva Palace PhaseII, Ex.P3 is Encumbrance Certificate
dt:21.01.2014, Ex.P4 is the Sale Deed of plaintiff, dt:02.05.2002, On behalf
of respondent no such relevant documents filed to prove his case.
14.The learned counsel for petitioner/ plaintiff argued the contents of the petition and stated that the petitioner purchased Flat.No.620 bearing separate municipal No.12215/D1/620 in 4th Floor in Shiva Palace PhaseII, in premises bearing No.12215/D1 situated at Gagan Mahala, Domguda,
Hyderabad admeasuring 1100 Sq.Feet including common areas, and car parking space measuring 120 Sq.feet with specific boundaries together with undivided share of land 30 Sq.feet out of 1200 Sq.Yards, in the complex known as Shiva Palace, Gagan Mahal, Domalguda, Hyderabad. The present is filed with regard to car parking I.e 120 Sq.feet with specific boundaries, from herein after the same is referred to as Schedule of property. That the petitioner purchased flat from Smt. Chintakunta Vasanta W/o. Harinath
Reddy for valuable consideration through registered sale deed no.1736 of 2012 dated:02052012, registered at S.R.O, Chikkadpally, along with car parking space with specific boundaries. From the date of purchase petitioner have been in continuous possession and enjoyment of the flat as well as schedule of property. On 1152012 the president of the welfare association has issued a letter allotting car parking space in Shiva Palace with specific boundaries in my favour, as I was admitted as member of the association. I.e Shiva’s palace PhaseII, Flat owners Welfare Association which was duly registered vice registration No.769, after receiving copy of my registered sale deed. The car parking area was earmarked and same 12 I.A.No.243 of 18 IN O.S.No.1528 of 2018 arrangement was made to me from the beginning. The schedule of property i.e., car parking area/space is specifically mentioned with boundaries in the letter.
15.Earlier I went ot abroad for some time, taking advantage of his absence the respondents no.1 and 2 who are also the members of the flat owners association, started objecting petitioner from parking car and creating disturbance on the ground that they are going to reallot the car parking space by disturbing the earlier schedule and earlier allotment, which is illegal. That the petitioner submits that there is no chance to change in the allotments as the respective flat owners were given car parking space.
That the respondent No.1/defendant No.1 is claiming herself as secretary of the Welfare Association and she has been creating all sorts of disturbances to the petitioner as well as to other flat owners who are having car parking spaces. When my self and other flat owners have objected for construction of illegal flats on the 6th floor by the builder by name Mr.Jain Since then by supporting the builder the respondent No.2 started interfering with petitioner peaceful possession and enjoyment of the car parking space. Petitioner and other inmates have given complaint to the authorities with regard to illegal constructions made by the builder who has no authority since association has been formed and all the flats were sold away way back during the years 2000 to 2002 and at the same time parking space allotments were made to interested flat owners and how by taking help of unsocial elements and by threatening the inmates of the flats illegal constructions are being carried out for which petitioner and other owners have been complaint to the GHMC on 04.06.2018 and the GHMC authorities are proceeding further in this regard.
16. That the respondent No.1 and 2 other without any manner or right or interest over the schedule property I.e car parking space which is ear marked to petitioner are trying to disturb the same by stating that they are 13 I.A.No.243 of 18 IN O.S.No.1528 of 2018 going to re allot and re shuffle the care parking areas. Which is illegal and they have no power to do said activity as the respondent No.1 as stated supra was not even elected to represent the association. Further there are total 5 floors 30 flats are existing in the said Shi8va Palace PhaseII out of which only limited flat owners have purchased car parking space, as they have purchased initially and total parking area has been registered by the builder at the time of execution of registered sale deeds and no parking area is left over to any new persons. That the respondent No.1 and 2 are crat5ing hurdles to petitioner since last 2 weeks and on 27062018 and again on 28 062018 they have created lot of nuisance while parking petitioner vehicle and since then they are regularly interfering with petitioner peaceful enjoyment over the schedule of property.
17.The learned counsel for respondent/ defendant argued the contents of the petition and stated that the The petitioner herein has filed this suit with malafide intention to have a wrongful gain and to deprive the legitimate rights of the entire society of the SHIVA PALACE, PHASEII FLAT
OWNERS WELFARE ASSOCIATION. The petitioner has suppressed the material facts that the suit schedule property is the not a nonallotted parking without any authorized permission from the society and has not approached the Honorable court with clean hands and thus the suit on this single point is liable to be dismissed. That the adverse allegations are denied except those, which are specifically admitted hereunder, The allegations, which are not specifically admitted hereunder, are deemed to be denied. The petition field by the petitioner is neither tenable in law nor on the alleged facts and thus the suit is liable to be dismissed. The petitioner herein has no legal entitlement to institute the above suit and thus the suit and injunction application are liable to be dismissed. That the allegations in Para No.2 denied except, those which are specifically admitted hereunder. That the builder and developer of the SHIVA PALACE, PHASEII, has never allotted 14 I.A.No.243 of 18 IN O.S.No.1528 of 2018 any parking slots to any of the registered owners of the flats of the said apartments from the time of registration of the flats to till date. It was tentatively mentioned about the car parking in all the Sale Deeds of the registered owners of the flats at the time of registering the respective sale deeds. That there was no physical allotment done to any of the flat owners to till date. That there was always ambiguity about the parking lots on the premises of the SHIVA PALACE,.PHASEII.
18. In the reply to the para No.3 and 4 all the allegations are denied except those which are specifically admitted hereunder, That the SHIVA
PALACE, PHASEII, FLAT OWNERS WELFARE ASSOCIATION was registered in the year of 2005 vide Registration No.769 of 2005. At the time of registering the above said welfare association the president of the association was Sri.Jupaka Mahesh, Vice president was Sri.Jal Raj, General Secretary was Sri.Sudheer Kulkarni, Joint Secretary was Sri. Suneet Sen, Treasurer was Sri.P.Visweshwar and Sri.K.Jayaram and Sri.Mario Benedict were the
Executive member. The said managing body was continuing and after a period of time the above body has become dysfunctional and no constructive and function body was elected by the SHIVE PALACE, PHASEII FLAT
OWNERS WELFARE ASSOCIATION. That the all the maintenance was under ambiguity and no member of the society was taking any responsibility of working for the welfare of the society. That the alleged Managing body of
Dr.S.Krishna Murthy who is the respondent No.3 herein and other do not have any authenticity or authority to pass any direction or allot any parking lots to any flat owners of the society without common acceptance of the society members. It is totally false illegal and sham to accept any allotment of the parking lot to the plaintiff by the alleged president Dr.S.Krishna
Murthy. That the allotment letter filed by the petitioner is a created and fabricated letter as such it is the letter singed by the petitioner husband who is the self styled president of the unauthorized managing body of the SHIVE 15 I.A.No.243 of 18 IN O.S.No.1528 of 2018
PALACE, PHASEII FLAT OWNERS WELFARE ASSOCIATION., which was functioning without any approval of the competent authority.
19.In reply to the para 5, all the allegations are denied except those, which are specifically admitted hereunder. As there was no physical and permanent allotment of the parking spaces to the flat owners of the apartments, all the flat owners who ever won the cars are finding it difficult to park to the vehicles in the parking area. It is totally false and incorrect aversion of the petitioner that the respondent No.1 and 2 are creating the disturbance and objecting the plaintiff from parking the car. There is no authentic and proper managing committee of the society in function and majority of the flat owners have decided to hold the meeting of the society and resolve the various critical issues of the society. Pending such course of action by the society members, the plaintiff and her husband who is self styled president of the society has created and fabricated the allotment letter which has no sanction or consent of the other society members, has filed the false suit against the respondent No. 1 and 2 were always working in the interest of the society and to resolve the critical issues of the society for all times.
20. The allegations are denied except those, which are specifically admitted hereunder. There was no gross irregularities taking place in the name of the society by the unauthorized managing committee, all the flat owners and the members have collectively decided to take up the societies responsibilities and solve the burning issues. In the course of the action all the majority of the society members have decided to resolve the parking issue on the first priority. That there is no lawful and approved managing body existing, majority of the society members have decided to approach the district registrar or any other competent authority to get the elections conducted and regularize the functioning of the of the welfare society 16 I.A.No.243 of 18 IN O.S.No.1528 of 2018 smoothly. With all the consent and the permission of the flat owners and the members of the society, respondent No.1 and 2 other members have taken up the responsibility to look after the day to day activities of the society till the society's elections are conducted officially and new managing body is elected. It is false to state that the respondent No.1 is claiming her self as the secretary of the welfare association. All the flat owners and the members have collectively raised voice against the illegal and unauthorized construction of the flats on the terrace at 6th floor and the same is pending
before the competent authorities for necessary action and it is further
submitted that the society will collectively abide by the decisions of the competent authorities with regard to the illegal and unauthorized construction on the sixth floor by the builder and his henchmen. Petitioner has approached the court of law with unclean hands fabricated the facts and created the false allotment letter to ease out the process of filing the present suit and obtaining the interim injunction against the respondent No.1 and 2.
That the defendant No.2 who is claiming himself as the president of the society has to prove his claim and authority of his presidency on the society and further give all the clarification on the irregularities of the societies funds and the monies collected during his alleged period. There is no lawful and approved managing body existing, majority of the society members have decided to approach the district registrar or any other competent authority to get the elections conducted and regularize the functioning of the welfare society smoothly . All the consent and the permission of the flat owners and the members of the society , respondent No.1 and 2 and other members have taken up the responsibility to look after the day to day activities of the society till the society elections are conducted officially.
21.There was no legal sanctity to the alleged Management Committee headed by Dr.Krishna Murthy and Mr.M.Ramakrishna as Secretary . The said alleged managing body has took little interest and showed no leadership 17 I.A.No.243 of 18 IN O.S.No.1528 of 2018 in resolving the problems. Over the year, with no proper maintenance, the conditions deteriorated Leakages spread over everywhere in the apartments premises. The flooring of parking area got damaged. The bore well yielded very less water and became almost dry in summer. The residents of the
Apartment suffered severely, resorting to purchasing mineral water agitated that they were not getting the much needed service like water supply both municipal water supply and bore well water supply, having to put up with leakages all over, with the potholed parking area, etc., the self styled president and secretary remained indifferent without any initiative. In such critical situation of the society of the apartment, the lady members of the society has came forward and started taking initiative to set right the chaotic situation. Since it was found that the problems were not getting resolved and the alleged self proclaimed President S.Krishna Murthy was not taking interest and leadership for solving the problems, several lady members came forward and started taking keen interest. In the meeting held few lady members came forward to take care of the Association. Thus, Mrs.Tripti Sen,
Mrs. Shalini , Srivastava, Mrs Veena Sham, Mrs.Aruna Blaraj, Mrs Neetha
Saini and Mrs.Vyjanthi Kulkarni were some members who are fulfilling basic responsibilities of the society welfare till the fresh elections are conducted.
22.With the consent of the members of the society a new bore well was being dug on the western side of the apartment for the common benefit of all the members of the society, the new bore well was connected to the sump and water supply resumed on. Due to this work many of the vehicles in the vicinity could not be parked in the relevant parking slots. And all the concerned flat owners have cooperated. Even the petitioner did not raise any concern during the above said period as it is known to him that it is for welfare of the society, However, the petitioner chose to file petitions in the court, that too, after few weeks and suppressed the facts relating to the new bore well, the fact is that many flat owners have been complaining not 18 I.A.No.243 of 18 IN O.S.No.1528 of 2018 getting their parking slots and that each parking slot should be property identified and allotted to every entitled flat owners based on their respective
Sale deed. Accordingly copies of Sale Deeds are being collected. Instead of co operating in the process, the petitioner chose to approach the court of law, raising imaginary apprehensions that their parking slots issued by any president or the secretary of the society. There were some attempts in the past to make proper allotments but the attempts resulted in informal allotment but never was there a formal letter issued to the flat owners, leading to the conflicting claims of parking slots by the flat owners. All the flat owners could produce the Sale Deed copies but no one except the petitioner has produced a fabricated letter of allotment of parking slot and its sketch. Apparently, the letter and the sketch have been weaved and created by the petitioner in collusion with the alleged President S.Krishna
Murthy with an ulterior motive . That the petitioner want to occupy two parking slots for himself while he is entitled to only one parking slot. The sketch and the description of parking slots by the petitioner reveal the ulterior motive and covered intention of the petitioner. The alleged sketch and the allotment letter was prepared in the course of fabrication by the petitioner and the alleged President defendant No.3 himself leaving out all other flat owners who are entitled for the parking lots. The Sketch , issued by the alleged President defendant No.3 shows the handwritten flat numbers of only three owners, ie. flat.No.620 who is the owner and wife and alleged
President Dr.S.Krishna Murthy, Flat.No.601 who is the owner Sri. Nagabandi
Satyanarayana. The boundary description of parking slots in respect of the petitioner shows the west is bound by Shiva PalaceII Road and East by
Watchman Rest Room and Electrical Room, Making the adjacent two car parking slots each for Flat.No.620 and 630 against their entitlement of one parking each. When the other aggrieved flat owners were agitating for proper allotment of parking slots, the alleged President respondent No.3 never ever attempted to resolve the issue and quietly kept the two parking slots for 19 I.A.No.243 of 18 IN O.S.No.1528 of 2018 himself and allowed similar facility to Flat.No.620 for whatever deal they have between them but not known to others members of the society. The apprehension of losing the second car parking they have kept for themselves illegally without eligibility or authority , has approached the court of law with all fabricated facts.
23.On considering the submission of either side, the court is of opinion that, the petitioner purchased the flat No.620 bearing Municipal No.12 215/D1/620 in 4th floor in Shiva Palace, Phase II, situated at Ganag Mahal
Domalguda, Hyderabad consisting 1100 square feet including common area and car parking space admeasuring 120 square feet, at the time of purchase of flat from his vendor for valuable consideration through registered sale deed document no. 1376/2012 from the date of purchase he is the continuous possession and enjoyment of the flat as well as petition schedule property as per Ex.P1 to P4 got marked on behalf of plaintiff to substantiate his claim. After perusal of the exhibits , Ex.P1 is Allotment of car parking of
Shiva Palace, PhaseII, Flat owners Welfare Association, which was duly registered vide registration no.769, it shows that car parking space is alloted to the petitioner and he was in possession of the petition schedule property.
Ex.P2 is the parking layout of Shiva Palace PhaseII, it shows the car slot alloted to the petitioner for parking his vehicle, as per Ex.P3 is the
Encumbrance Certificate, it shows that Chintakunta Vasnta who is the vendor of the plaintiff had executed the sale deed in favour of petitioner,
Ex.P4 is the Sale Deed, it shows that vendor of the petitioner sale the flat including common area and car parking. As per petitioner averments the parking slot alloted to the members of the flat owners and respondent no.1 and 2 without having any manner of right or interest over the schedule property i.e., car parking space and trying to disturb the same and going to reallot and reshuffle the car parking areas. There are total five floors 30 20 I.A.No.243 of 18 IN O.S.No.1528 of 2018 flats are existing in said Shiva Palace PhaseII out of which only limited flat owners have purchased the car parking space initially and parking area also registered by the builder at the time of execution of registered sale deed and no parking area is left over to any new persons.
24.As per counter averments respondent contented that there was no physical and permanent parking space to the flat owners of the apartments, all the flat owners whoever own the cars are finding to difficult for parking the vehicles in the parking area, respondent himself admitted that the respondent no.1 and 2 not creating any disturbance and objecting the plaintiff from parking the car it seems one hand he is denying the allotment of flat for parking the car of the petitioner another hand he is admitted in his counter he is not creating any disturbance and objecting the plaintiff from parking the car, it is clearly shows that the petitioner is in possession of car parking allotment. It is sufficient to prove that the prima facie is in favour of petitioner, at this juncture, the main dispute will be decided after full fledged trial, unless the full fledged trial is required the dispute will not be decided at this juncture the other contentions of the respondents will be decided at the time of trial, meanwhile, the possession of the petitioner is proved by way of admitting by the respondent in his counter. If injunction granted there is no prejudice will be caused to the respondent but injunction cannot be granted perjuduice and loss may be caused to the petitioner. It is a settled possession of law to grant injunction there is prima facie is proved in his favour of petitioner and Hence the petition is allowed . Temporary Injunction is granted in favour of the petitioner against the respondents/defendants, agents, henchmen, and persons claiming through respondents from interfering with the peaceful possession and enjoyment of the petitioner over the suit schedule property.
21 I.A.No.243 of 18 IN O.S.No.1528 of 2018
25.In the result, this petition is allowed, however without costs.
Temporary Injunction is granted in favour of the petitioner against the respondents/defendants, agents, henchmen, and persons claiming through respondents from interfering with the peaceful possession and enjoyment of the petitioner over the suit schedule property. Interim Order granted earlier is made absolute.
Typed to my dictation by Personal Assistant, corrected and
pronounced by me in the open Court on this the 26th day of JUNE, 2019.
X JUNIOR CIVIL JUDGE,
CITY CIVIL COURTS, HYDERABAD.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PETITIONER: FOR RESPONDENT:
NONE NONE
DOCUMENTS MARKED FOR PETITIONER:
Ex.P1 is the allotment of car letter dt:05.05.2011,
Ex.P2 is Parking layout of Shiva Palace PhaseII,
Ex.P3 is Encumbrance Certificate, dt:21.01.2014.
Ex.P4 is Sale Deed of plaintiff dt:13.12.2002,
DOCUMENTS MARKED FOR RESPONDENT:
NIL
X JUNIOR CIVIL JUDGE,
CITY CIVIL COURTS, HYDERABAD.