1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4049 OF 2008 IN FIRST APPEAL NO.156 OF 2008 Mangaldeep Co-Operative ..Appellant/ Housing Society Ltd. Applicant V/s. Shree Sarvajan Mahaganpati Trust & Ors. ..Respondents Mr.G.S.Bhat for the Appellant/Applicant. Mr.Kapse with Mr.P.S.Tiwari for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 28TH, 2008. P.C. By the above Civil Application the Appellant / Applicant prays for the following reliefs : “(a) For an order of permanent injunction restraining the Respondents 2 their agents and servants from constructing any pandal, keeping chairs, tables, and/or allowing the worshipers and crowds to collect and/or gather on suit lane in front of the gate and/or obstructing and/or preventing the Plaintiffs, its members and guests from entering the compound of the society with or without vehicles viz. Mangal Deep Co-Operative Housing Society Ltd., bearing Survey No.138, Hissa NO.2 (Pt) C.T.S.No.114 of revenue village Kanjur at Sardar Pratapsingh Road, [J.M.Road], Bhandup [West], Mumbai – 400 042. (b) Interim reliefs in terms of prayer (a) above ; (c) The costs of this Civil Application; (d) For such other and further reliefs as the nature and circumstances of the case may require be granted.” 2. The said reliefs are sought in view of the ensuing Ganesh Festival which is to commence from 3rd September, 2008. The Appellant's First Appeal has been admitted against the Judgment and Decree passed by the Trial Court whereby the suit filed by the Appellant/Applicant for permanent injunction came to be dismissed by the Trial Court. The Trial 3 Court decided most of the issues in favour of the Appellants above named but has dismissed the suit that the the Defendants to the said suit were not concerned with the injunction sought. It appears that an order came to be passed on 6th September, 2004 in the said suit to the following effect. “Defendants not to obstruct the Plaintiffs/members entry (ingress and egress) and their vehicles till further orders. However, by this order, by consent of both the Advocates, the Defendants are exempted during 18-09-2004 to 26-09-2004, morning 7.00 a.m. To 8.00 a.m. And evening 6.00 p.m. To 10.00 p.m. During the above period and above time, the Plaintiffs entry that is ingress and egress for the vehicles will be prevented for the purpose of abhishek pooja, and archana and entertaining program. This order was discussed between the Advocates at the Bar and hence no further clarification is warranted. Notice of Motion No.2805/04 is disposed off accordingly. Suit is adjourned for taking further steps to 01/10/2004.” 4 3. The Respondents herein have been holding the Ganesh Festival by erecting pandal etc. every year since prior to passing of the said order dated 6th September, 1994 and after the said order have also been holding the Festival by abiding with the restrictions/conditions imposed by the said order. 4. The grievance of the Appellant above named is that the members of the Appellant Society are being inconvenienced in the matter of ingress and egress to the building in question as the pandal erected by the Respondents according to the Appellant obstructs such ingress and egress. A reading of said order dated 6th September, 1994 discloses that the said situation has been taken care of, in the said order dated 6th September, 1994, in my view, therefore, the relief sought to the extent prayed for in the Civil Application cannot be granted. However, the Respondents herein would abide by the said order dated 6th September, 5 1994. As also would construct the pandal and hold the Ganpati Festival in accordance with the permissions granted by the Mumbai Municipal Corporation and the Police in that regard. It is reiterated that the Respondents would see that no inconvenience would be caused to the members of the Appellants Society and that the Festival is held in an atmosphere befitting such a festival. 5. The Civil Application is therefore allowed to the aforesaid extent. 6. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.] 6