Bombay High Court (Gauri Godse, J.) — batch of Appeals from Order (ST) with connected interim applications, clubbed and disposed by a common order; delay in filing condoned. The appeals challenged City Civil Court orders dated 26th March 2024 refusing interim relief sought by plaintiff-shopkeepers for a direction to the Army authorities to open/keep open the main gate of the old army market during the pendency of suits for mandatory injunction, founded on a consent agreement dated 30th November 1999. Held: the consent agreement permitted keeping the gate open only subject to security requirements and renewable security passes valid for six months; the earlier order of this court dated 15th March 2000 (recording withdrawal of the suit by the Old Army Market Vendors Association after the gate was opened) conferred no permanent right to use the main gate, and the City Civil Court order dated 2nd February 2022 pertained to another suit. In the absence of any right created in favour of the plaintiffs, no direction could issue to keep the gates open during the pendency of the suit; the motions were in the nature of a mandatory injunction, incapable of grant absent a demonstrated right, and an alternate gate at a distance of 100 meters remained available, causing no prejudice. The impugned orders could not be faulted; all appeals dismissed. Counsel's insistence on a direction to expedite the suit was rejected as contrary to the legal principles settled by the Hon'ble Apex Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and Others, 2024 SCC Online SC 207.
