AO/340/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 340 of 2008 With CIVIL APPLICATION No. 12481 of 2008 In APPEAL FROM ORDER No. 340 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the Civil Judge? ========================================================= DEVANG MADHUKAR MEHTA & 1 - Appellant(s) Versus PANKAJ MADHUKAR MEHTA & 1 - Respondent(s) ========================================================= Appearance : MR HR PRAJAPATI for Appellant(s) : 1 - 2. MR SS BELSARE for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 19/11/2008 ORAL JUDGMENT Admit. 1. Mr.Belsare, learned Advocate waives service of notice on behalf of the opponents herein original AO/340/2008 2/4 JUDGMENT defendants. With the consent of the learned Advocates appearing on behalf of the respective parties, the Appeal from Order is taken up for final hearing today. 2. Present Appeal from Order is filed by the appellants – original plaintiffs challenging the impugned order passed by the learned Chamber Judge, City Civil Court No.7, Ahmedabad dated 31.05.2008 passed below Notice of Motion Exh.24 and Exh.25 in Civil Suit No.499 of 2006 by which the application submitted by the appellants – original plaintiffs permitting them to use terrace and to have gas pipe line on first floor has been dismissed. Having heard the learned Advocates appearing on behalf of the respective parties and considering the nature of controversy and considering the fact that son of the appellants who is aged 12 years wants to enjoy kite flying, without prejudice to the rights and contentions of the respective parties if the appellants are permitted to use terrace on the kite festive days i.e. between 09.01.2009 to 16.01.2009, same will meet the ends of justice. It also appears that without prejudice to the rights and contentions of the respective parties and without in any way entering ground floor if the appellants-plaintiffs are permitted to have gas pipe line in their first floor on suitable condition the same would also meet the ends of justice. Under the circumstances, present Appeal from Order is disposed of with following AO/340/2008 3/4 JUDGMENT directions: (1)Without prejudice to the rights and contentions of the respective parties and without in any way effecting the rights of the respective parties, the appellants are permitted to use terrace only for kite flying festive between 09.01.2009 to 16.01.2009. (2)The appellants – original plaintiffs are permitted to have gas pipe line on their first floor by having gas pipe line from outside without entering ground floor, without prejudice to the rights and contentions of the respective parties and/or without effecting the rights of the respective parties. However, it is clarified that merely by permitting the appellants plaintiffs to have gas pipe line in their first floor it may not confer any right, title or interest in favour of the plaintiffs only on that ground and similarly same may not effect the rights of the original defendants also. 3. In the facts and circumstances of the case, the learned trial Court is directed to decide and dispose of Civil Suit No.499 of 2006 as well as Civil Suit No.571 of 2008 together by one Court and if the pleadings are completed aforesaid Suits to be expedited. AO/340/2008 4/4 JUDGMENT 4. In view of disposal of Appeal from Order, no order in Civil Application. [M.R.Shah,J.] satish