MODI RAJKUMAR KISHANLAL Vs. SWASHRYI MAHILA SEVA SANGH

JUDGEMENT

(1.) This Appeal From Order is filed against order dated 1st October, 2003 passed by the learned Judge, City Civil Court, Ahmedabad below Exh.6 and Exh.23 in Civil Suit No.2199 of 2001. The learned Judge was pleased to reject Exh.6-Application i.e. Notice of Motion taken out by the plaintiff and was pleased to allow Exh.23-Application i.e. Notice of Motion taken out by the defendant.

(2.) The subject matter of the suit is a dispute between the parties with regard to use of staircase. The relief prayed for by the appellant, original plaintiff, is that the respondent, original defendant, should not obstruct the use of staircase. As against that, the defendant has prayed that the plaintiff should not use the staircase as he has no right to use the same.

(3.) The facts of the case, which warrant mention, are: the defendant had purchased two upper plaza offices No.22 and 23 in 1993 in Goyal Towers, whereas the plaintiff is the owner of one shop on the ground floor of the same building. To the north of this shop of the plaintiff is situated the staircase around which the dispute between the plaintiff and the defendant revolves. The staircase is used by the defendant for egress and ingress to the upper plaza offices. The plaintiff, after having purchased the shop, made a mezzanine floor in his shop and had put up a curved wooden staircase to use the said mezzanine floor. In or about 1996, the plaintiff made an aperture in the northern wall which was abutting to the above stated staircase of the defendant. An objection was raised by the defendant and on that objection being raised, the plaintiff had agreed to close down the same, but, instead of closing down the said aperture, after some time, the plaintiff put a door in the said wall for making use of this mezzanine floor through this staircase. Thereafter, the plaintiff affixed an iron shutter, to which again an objection was raised by the defendant. However, the plaintiff did not close the door falling on the staircase and filed this suit. In this very suit, the parties are seeking the reliefs against each other. The learned Judge, after having considered the facts of the case in detail and also the authorities cited before him, has come to a conclusion that the plaintiff had no right to use the staircase and, therefore, rejected Exh.6-Application filed by the plaintiff and allowed Exh.23-Application filed by the defendant and restrained the plaintiff, his servants, and agents from using the staircase for going to the mezzanine floor till the final hearing of the suit by the order aforesaid.