1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2240 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. A.V.Anturkar, h/f Ms Preeti Gada i/b M/s Sudhir Shah & Associates, for the petitioners. Mr P.S.Dani, for the respondent. CORAM : D.B.BHOSALE, J. DATE : 06/10/2009 PC: Heard learned counsel for the parties. This writ petition is directed against the order dated 14.3.2008 passed by the Small Causes Court on the application at Exhibit-27 in RAE & R Suit No.83/151 of 2005. By the impugned order, the application filed by the respondent-plaintiff is made absolute and he is allowed to carry out tenantable repairs by using the common passage without causing any damage to the suit T 2 building and nuisance to the neighbours including the petitioners. I have heard this matter for some time. The learned counsel for the parties have fairly stated that I need not record reasons for disposing of this writ petition and they, on instructions from their clients who are present and without prejudice to their rights and contentions, have agreed for the following order. The respondent-plaintiff shall commence the work of tenantable repairs on 1.11.2009 and shall complete the same on or before 15.12.2009. During this period, the respondent-plaintiff shall use the passage in dispute for carrying cement and sand, only between 7.30 pm and 9 pm with an advance intimation of atleast 24 hours to the petitioners. The passage shall be kept open for allowing workers to carry out the repairs during 9.15 am and 8.30 pm. This order shall not be construed as any opinion on merits of 3 the case and on rights of the parties. All contentions of the parties are kept open to be agitated at the stage of final disposal of the suit. Having regard to the controversy involved in the matter, hearing of the suit is expedited. With these directions, the writ petition is disposed of. (D.B.BHOSALE, J.) 4