1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 141 OF 2008 WITH CIVIL APPLICATION NO.178 OF 2008 M/s. Amit Industrial Premises Co-operative Society Ltd. & Anr. ...Appellants. v. Shri Sanjay Munshi & Anr. ...Respondents. Shri M.P.Vashi, adv. for the Appellants. Shri Sanjay Jain i/by Nainesh N. Amin, advs. for the Respondents. WITH CONTEMPT PETITION NO.366 OF 2009 Mr. Sanjay Munshi & Anr. ..Petitioners. v. Amit Industrial Premises Co-operative Society Ltd. & Anr. ..Respondents. Mr. Sanjay Jain i/by Nainesh N. Amin, advs. For the Petitioners. Mr.M.P.Vashi, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : MARCH 17, 2010 P.C. 1 As per the order passed by this Court on 21st February, 2008, commissioner was appointed and the Commissioner has submitted his report dated 10.4.2008 alongwith map marked Ex.'X' for Identification. Commissioner has identified and demarcated 30 feet wide access road from Dr. S.S.Rao road towards the East and then taking turn 2 towards South. In the Western part of the Southern portion of that access road, structures narrowing that road are found. It is pointed out that the plaintiff is a co-operative society of the persons, who had purchased certain units from M/s.Amit Enterprises under different agreements during the year 1985 or so. As per the copy of the agreement marked Ex.Y, the building was erected subject to a lease rent payable to owners M/s. Dwarkadas Meghji Toprani and Others. As per Clause 4, unit holders purchased units with the measurement shown in the said clause. Defendants claim to have purchased land from the original owners M/s.Dwarkadas M. Toprani and Others. In view of these circumstances, with consent of the learned counsel for the parties, the appeal stands disposed off with the following directions: 1 Defendants/Respondents shall not dispossess the unit holders, who are the members of the plaintiff/society without following due process of law and the plaintiff/society and its unit holders shall be entitled to use access road as shown in the Commissioner's report and map. The said unit holders shall not use the said access road for the purpose of parking of any vehicles unless it is absolutely necessary for the purpose of loading or unloading the goods. As far as private passenger vehicles are concerned , they may be parked on the road side 3 to the South and East of the Amit Enterprises. This arrangement will be without prejudice to the rights and interests of both the parties. 2 S.C. Suit No.2006 of 2007 filed by the plaintiffs/Appellants stands disposed off in terms of this order. 3 Appeal stands disposed off accordingly. 4 As the appeal itself is disposed off, civil application does not survive and stands disposed of accordingly. 5 In view of the disposal of the appeal, contempt petition is not pressed by the petitioners and, therefore, the same stands disposed off accordingly. (J.H. BHATIA,J.)