1. The present Civil Revision Application u/s.29(2) of the Bombay Rent Act has been preferred by the applicants herein - original defendants to quash and set aside the impugned judgement and order dated 05/05/2008 passed in Appeal from Order No.99 of 2007, by which, learned Appellate Bench of Small Causes Court at Ahmedabad has quashed and set aside the order dated 20/11/2007 passed below Exh.6 in HRP Civil Suit No.1998 of 2006.
2. Having heard learned advocates appearing on behalf of the respective parties and considering the impugned orders, it appears that the present Civil Revision Application is arising out of interim order passed by learned Small Causes Court at Ahmedabad below Exh.6 in HRP Civil Suit No.1998 of 2006, which is quashed and set aside by learned Appellate Bench of Small Causes Court, Ahmedabad.
3. At the outset, it is required to be noted that the HRP Civil Suit No.1998 of 2006 is pending before learned Small Causes Court at Ahmedabad. It is also required to be noted that the impugned order passed by learned Appellate Bench of Small Causes Court, Ahmedabad has been stayed by this Court in the year 2006 and the same is continued till date.
4. Having heard learned advocates appearing on behalf of the respective parties and as it is not disputed by respective parties that as such original defendants - landlords have exclusive right to use front gate and front portion of the bungalow and original plaintiff has no right to use front portion of the bungalow as well as front gate. However, it seems that the dispute is with respect to small gate, which is situated at the rear side of the bungalow, which according to the plaintiff, it is used by him to go to his garage, which is tenanted premises. It cannot be disputed that the original defendants - landlords can also use the small gate. Therefore, it appears to the Court that the present Civil Revision Application can be disposed of by observing and directing the respective parties to permit the original plaintiff also to use the small gate, which goes to his garage, which is tenanted premises.
5. Under the circumstances, without prejudice to the rights and contentions of the respective parties in the suit, by way of interim arrangement, it is directed that small gate, which is on the rear portion of the bungalow shall be used by both the plaintiffs as well as defendant and both of them are hereby restrained from obstructing each other from using the said gate and are also directed to see that there is no obstruction placed in front of the said gate, which is to be used by the plaintiff as well as defendants.
6. With this, the present Civil Revision Application is disposed of. In the facts and circumstances of the case, learned Small Causes Court at Ahmedabad is hereby directed to decide and dispose of HRP Civil Suit No.1998 of 2006 at the earliest, in accordance with law and on merits in all aspects and without in any way being influenced by the present interim arrangement.
[M.R.SHAH,J] *dipti