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Judgment
Sanjeev Sachdeva, J
CM(M) 185/2020 & CM APPL.6111/2020 (stay)
The hearing was conducted through video conferencing.
Petitioner impugns orders dated 01.02.2020 and 10.02.2020, whereby, directions were issued to the petitioner to provide a second/duplicate key to
the respondent No.1 of the gated area in the front set back on the ground floor.
It is the case of the petitioner that the front set back on the ground floor is in the exclusive ownership of the petitioner and no access can be
provided to the respondents for the same.
This is disputed by the learned counsel appearing for the respondents, who contends that this is a common area.
Though there may be a dispute raised by the respondent with regard to the gated area in the front set back on the ground floor, the admitted position
is that the petitioner has affixed a gate on the front portion and the key is exclusively with the petitioner. It is also an admitted position that the
respondent No.1 has installed certain air conditioners for the basement, the access to which is through the gated area.
It is the case of the petitioner that though the air conditioners were placed in the area prior to the injunction order but they were made operational
after the injunction order was granted. This is disputed by the learned counsel appearing for the respondents.
Without getting into any controversy raised by the parties, it is agreed that, for the moment, the gated portion shall remain under the lock and key of
the petitioner. However, petitioner shall provide access to respondent No.1, if so demanded, for the purposes of servicing/repair/replacement of the air
conditioners subject to a 24 hour notice being given to the petitioner. However, access would be provided in case of an emergency even without
notice.
It is clarified that this arrangement is without prejudice to the rights and contentions of the parties and is also subject to further orders that may be
passed by the Trial Court on any pending application or any further application to be filed by the petitioner or respondents and shall also be subject to
the final outcome of the suit.
Trial Court is further at liberty to pass any appropriate order in the facts and circumstances of the case without being influenced by anything stated
in this order.
Petition is, accordingly, disposed of in the above terms.
Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email.