:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.667 OF 2007 CIVIL APPLICATION NO.667 OF 2007 CIVIL APPLICATION NO.667 OF 2007 WITH WITH WITH CIVIL APPLICATION NO.9299 OF 2007 CIVIL APPLICATION NO.9299 OF 2007 CIVIL APPLICATION NO.9299 OF 2007 IN IN IN APPEAL FROM ORDER (ST) NO.9296 OF 2007 APPEAL FROM ORDER (ST) NO.9296 OF 2007 APPEAL FROM ORDER (ST) NO.9296 OF 2007 WITH WITH WITH APPEAL FROM ORDER (ST) NO.9290 OF 2007 APPEAL FROM ORDER (ST) NO.9290 OF 2007 APPEAL FROM ORDER (ST) NO.9290 OF 2007 Walkeshwar Ruby Terrace Co-op. Housing Society Ltd. ...Applicant. v. Sheth Hansraj P. Shroff Shishu Shikshan Mandir (Bhagini Kala Mandir) & Anr. ...Respondents. Mr.Uday Warunjikar , adv. for the Applicant. Mr.Rohit Karhadkar h/for Bharat Joshi , advs. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 7th March, 2008. DATE: 7th March, 2008. DATE: 7th March, 2008. P.C. P.C. P.C. 1. After some discussion at bar with consent of the learned counsel for both the parties, civil applications as well as the both the appeals stand disposed off with the following directions: i. Civil Application No.667 of 2007 is hereby allowed and delay in filing the appeals from both the orders is hereby condoned. Both the Appeals from Order be registered and numbered. ii. The impugned order to the extent of prayer :2: clauses (a) and (b) in Notice of Motion No.1614 of 2006 is confirmed with clarification that the main gate shall be required to be kept open only when some school bus or vehicle comes there or requires to go out. The impugned order in the said notice of motion in respect of prayer clauses (c) and (d) stand set aside. Rejection of notice of motion no.2963 of 2006 for review of the aforesaid order is also hereby set aside. Notice of Motion No.1614 of 2006 only to the extent of prayer clauses (c) and (d) is remanded back to the trial Court. The trial Court shall hear the parties and pass an order on the said notice of motion in respect of prayer clauses (c) and (d) afresh within eight weeks from this day. In view of this Civil Application No.9299 of 2007 does not survive and stands disposed off. iii. While deciding the notice of motion, the trial Court shall not be influenced by any observations made in the earlier order. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)