Civil Suit suggested for permanent injunction under Sec 38 and Sec 34.
Dispute on usage of common recreation facilities between 2 blocks of SAME registered project( A/B/C versus D1_D2)
A/B/C blocks exists on plotA and D1_D2 on plotB . Both have independent gates. Most facilities on plotA. Few on plotB.
A/B/C in full possession of all common recreation facilities from Day1 as most are on plotA.
D1_D2 used facilities for few years but stopped by A/B/C from last 4-5 years. But D1_D2 uses water tank on A/B/C side from Day1.
Through this planned Civil Suit D1_D2 wanted to use other facilities also like club house, swimming pool.
Query is on Sections suggested for this Suit.
To ask relief under Sec38 : Filing party need possession on the said property.
In this scenario D1_D2 who will file Suit have partial possession only.
Can maintainability of suit is questionable with planned sec 38 and sec 34 ??