1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 33 of 2008 IN FIRST APPEAL NO. 763 of 2008 Mumbai Kamgar Madhyawarti Sahakari Mandal Ltd. .. Applicant versus Dadar Aram Co-op Housing Soc.Ltd. .. Respondent ... Mr.Sanjiv A. Sawant for the applicant. Mr.S.A. Naik for the respondent. CORAM : D.G. KARNIK, J DATED : 18th December 2008 P.C.: 1. Heard both sides. 2. This application is made by the applicant for stay of operation of the order dated 28th September 2007 passed by the lower court 2 3. The disputes relates to a common passage. It appears that the passage in question is a common passage. As such, applicant has no right to close the said passage and prevent the respondent from using it. 4. There is one more reason for not granting the present application. By an order dated 28th September 2007, the applicant was prevented from locking the doors D1 and D2 to the common passage. Counsel for the applicant admits that applicant is not in breach of the said order. This means that atleast from 28th September 2007, the passage is being used as a common passage. Counsel for the parties admit that the passage is being used as common passage atleast since September 2007. In view of this, it would not be appropriate to grant any interim relief disturbing the use of said common passage at this stage. Hence, civil application is dismissed. (D.G. KARNIK, J)