FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE 1.APPEAL FROM ORDER NO.8 OF 2009 with CAA No.7/09 1.APPEAL FROM ORDER NO.8 OF 2009 with CAA No.7/09 1.APPEAL FROM ORDER NO.8 OF 2009 with CAA No.7/09 2.APPEAL FROM ORDER NO.9 OF 2009 with CAA No.8/09 2.APPEAL FROM ORDER NO.9 OF 2009 with CAA No.8/09 2.APPEAL FROM ORDER NO.9 OF 2009 with CAA No.8/09 3.APPEAL FROM ORDER NO.10 OF 2009 with CAA No.10/09 .APPEAL FROM ORDER NO.10 OF 2009 with CAA No.10/09 .APPEAL FROM ORDER NO.10 OF 2009 with CAA No.10/09 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.Yadunath Chaudhari i/b Kunal Cheema, for the appellant. Mr J.J.Xavier, for respondent no.3. Mr Nitesh Naushe, for respondent nos 1 and 2. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 23rd JANUARY, 2009 DATED: 23rd JANUARY, 2009 DATED: 23rd JANUARY, 2009 P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. 2. These Appeals from order are directed against similar orders passed in three different suits on 25.8.2008. By these orders, the appellant, who is common in all the appeals, has been directed not to obstruct the respondents-plaintiffs from using common toilet facility and water connection, pending hearing and final disposal of the suits. Similar order was passed by the very same learned Judge in a companion L.C. Suit No.1065 of 2008. That order was carried in Appeal from order no.1016 of 2008 in this court. This court, vide order dated 6.10.2008, disposed of the said Appeal from order by the following order: "1. Admit and heard finally. 2. The impugned order was passed without any application. In fact on oral application made by the plaintiffs/respondent nos 1 and 2, the learned Judge by an order dated 27.6.2008 directed them to take out a notice of motion or appropriate proceeding. Despite the same by the impugned order this time the relief was granted again only on an oral application which ought not to have been done. 3. In the circumstances, the impugned order is set aside. Respondent nos.1 and 2 will be at liberty to apply for the said reliefs in accordance with law by taking out an appropriate application. The impugned order, however, shall continue till 14.10.2008 without prejudice to all the rights and contentions of the parties." 3. The orders impugned in the instant Appeals from order and in Appeal from order No.1016 of 2008 are identical. In view thereof, counsel for the parties have no objection for disposing of all the three Appeals from order in terms of the aforementioned order dated 6.10.2008. These Appeals from order are disposed of in terms of the order dated 6.10.2008. The impugned orders are accordingly set aside with liberty to the respondents-plaintiffs to apply for the said reliefs by taking out appropriate applications. While granting liberty I shall not be understood to have examined merits of the case. . Civil Applications made in the appeals also stand disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)