1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4868 OF 2008 IN FIRST APPEAL NO. 1860 OF 2008 IN SUIT NO. 564 OF 1996 Ashirwad (Khetwadi) Co-operative Housing Society Ltd. ... Appellants (Orig. Plaintiffs) Vs. Dnanyeshwar Tukaram Rasal & Ors. ... Responde3nts (Org.Defendants) Mr. Anil C. Singh a/w Mr. Atul Singh,Advocates, for the appellants. Ms. Lata C. Wadhwani,Advocate, for the respondents Nos. 1 to 4. CORAM: J.H.BHATIA,J. DATE : 28th August, 2009. P.C. 1. Heard the learned Counsel for the appellants, who are the original plaintiffs. 2. It appears that the Plaintiff/appellant is a Society which is the owner of the building and as per the sanctioned plan, there is an open space around the building which is to be used by the Society. Besides the building of the plaintiff, there is one room in occupation of the defendants Nos. 1 to 4. There is no dispute about that room. However, it is contended that the defendants are also trying to 2 make use of the remaining open space by keeping their household and other articles without any right over the same. The photographs of the same are filed. 3. The learned Counsel for the respondent Nos. 1 to 4 pointed out that there was earlier litigation between defendant No.1 and the earlier owner of the land. In that litigation, the original owner had claimed perpetual injunction restraining the defendant No.1 from parking his hand-cart in the open space. However, that suit was dismissed in default under Order IX Rule 9 of C.P.C. Whether the dismissal of that suit has any effect on the present suit or not is a question which is to be decided in the main appeal. 4. Taking into consideration the dispute, I find that this is a fit case for granting interim injunction pending the appeal except to the extent of parking hand-cart which was also a dispute in the earlier litigation. 5. Therefore, the interim relief in terms of prayer clause (a), except clause (ii) of prayer clause (a) subject to condition that the defendants will be entitled to park their own hand-cart only. The Application stands disposed of accordingly. (J.H.BHATIA,J.)