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1. By way of this petition under Article 227 of the Constitution of India, the petitioners - original defendants have prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 05/03/2011 passed by learned Principal District Judge, Junagadh in Civil Misc. Appeal No.4/2011.
2. While admitting the the present petition, learned Single Judge has granted the interim relief in terms of Para-15(C) on condition that the petitioners will keep open the existing gate situated on the easternside of the common plot, adjoining to the plot No.6 towards six meters road as indicated in the layout plan at page no.65, so that the students of the original plaintiff- School can ingress and egress.
6. In view of the above, the present petition is disposed of by continuing the interim arrangement made by this Court vide order dated 05/04/2011, meaning thereby, the petitioners will keep open the existing gate situated on the easternside of the common plot, adjoining to the plot No.6 towards six meters road as indicated in the layout plan at page no.65, so that the students of the original plaintiff- school can ingress and egress, during the pendency and final disposal of the Civil Misc. Appeal No.4/2011. However, the same shall be without prejudice to the rights and contentions of the respective parties in the main Civil Misc.Appeal No.4/2011 and the learned Appellate Court to decide and dispose of Civil Misc.Appeal No.4/2011 in accordance with law and on merits and without in any way being influenced by the present interim arrangement. With this, the present petition is disposed of. Rule is made absolute to the aforesaid extent. No costs.