Allowed

Virendra Singh Chauhan and Another v. Whistling Woods Apartments and Another

Uttarakhand HC3 May 2013AO/126/2013

Case brief

AI extract

What is this about?

Appeal against rejection of temporary injunction regarding parking rights in a cooperative society apartment. High Court upheld interim direction preventing restriction on joint parking usage pending suit disposal without expressing opinion on final merits.

What did the court decide?

Interim order dated 21.03.2013 making respondents restrain appellants to park vehicles in common parking area made absolute till disposal of suit.

Virendra Singh Chauhan and Another Vs Whistling… — Landlord and Tenant | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Appeal From Order No. 126 of 2013

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Sri Virendra Singh Chauhan, S/o Late Sri P.S. Chauhan R/o 101, Whistling Woods Apartments, Sahastradhara Road, Dehradun.

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Smt. Kiran Chauhan, W/o Sri Virendra Singh Chauhan R/o 101 Whistling Woods Apartments, Sahastradhara Road, Dehradun.

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….…..Appellants

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Versus

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Whistling Woods Apartments Self Reliet Cooperative Society, Sahastradhara Road, Near I.T. Park P.O. Gujrada Dehradun through its president Sri K.K. Sharma.

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Sri K.K. Sharma, S/o not known to the plaintiffs, President Whistling Woods Apartments Self Reliet Cooperative Society, Sahastradhara Road, Near I.T. Park P.O. Gujrada Dehradun

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……. Respondents/defendants

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Mr. Piyush Garg, Advocate, present for the appellant. None present for the respondents.

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Hon’ble Prafulla C. Pant, J.

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Heard.

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This appeal is directed against the order dated 18.03.2013, passed by Civil Judge (Senior Division), Dehradun, whereby said court has rejected the application 6C2 for temporary injunction sought by the plaintiffs (appellants) in Original Suit No. 385 of 2012.

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Brief facts of the case are that the building known as Whistling Woods Apartments is situated in Khasra No. 62 and 65/3 in Village Danda Nooriwala, Dehradun. It is pleaded by the plaintiffs that the plaintiffs, who are purchasers of apartment No. 101, measuring area 1745 sq.ft. had two parking slots for their vehicles. It is alleged that the defendants are converting the parking area for commercial business and denying the rights of the plaintiffs to park their vehicles.

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A temporary injunction application was moved in the suit filed by the plaintiffs, which was opposed by the defendants stating that no separate parking area to each purchaser of the apartment is provided. The purchasers are allowed to use a parking area jointly. It is further alleged that the plaintiffs have not been allotted particular area.

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The trial court after hearing the parties rejected the application for temporary injunction on the ground that the plaintiffs are not allotted any specific area for their exclusive use as parking area.

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Earlier, this Court has heard the matter on 21.03.2013, at length and it has been directed that the respondents shall not restrain the plaintiffs/appellants to park their vehicles in common parking area. No further interim relief deserves to be allowed at this stage. The suit

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is already pending before the trial court and its proceedings are not stayed.

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Therefore, without expressing any opinion as to final merits of the case, this appeal is finally disposed of, making the interim order dated 21.03.2013, absolute till the disposal of the suit, pending before the trial court.

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(Prafulla C. Pant, J.)

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03.05.2013 JM

Virendra Singh Chauhan and Another v. Whistling Woods Apartments and Another

Case brief

What is this about?

What did the court decide?

Virendra Singh Chauhan and Another v. Whistling Woods Apartments and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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