ORAL JUDGMENT :- Heard the counsel. By consent, heard finally at the stage of admission.

These two appeals are directed against the common order dated 26th June, 2006 passed by the Learned Judge of the City Civil Court in Notice of Motion No. 4264 of 2004 in L.C. Suit No. 4614 of 2004 and Notice of Motion No. 1435 of 2004 in L.c. Suit No. 5020 of 2004.

2. The respondent No. 1 in AO No. 516 of 2006 - India Finance and Construction Co. Pvt. Ltd (hereinafter referred to as 'the Company') is the owner of the property bearing plot 2/4 at TPS I, Vile Parle (East) at Mongibai Road, Mumbai 400057, (hereinafter referred to as the 'suit property'). The property is a large piece of land and faces Mongibai Road. Back side of the suit property abuts Lala Bhishambharnath Road. A sketch of the property is annexed to the inspection report dated 7th November, 2006 filed by the Court Commissioner.

3. Mongibai Road has been declared as hawking zone by the Mumbai Municipal Corporation (for short 'the MMC') the respondent No.1 in Appeal No. 517 of 2006. Several licenced hawkers carryon business on Mongibai Road for past several years. The appellants are the hawkers who claim to possess the hawking licences permitting them to hawk on the Mongibai Road.

4. The Company, intending to develop the suit property got the plans of the proposed construction approved by the MMC. The approved plans of the proposed new building show that the company wants to construct a multi storeyed building with a shopping mall and car park in the basement. The shops on the front i.e. south side face Mongibai Road. There is also an internal passage running south north inside the building and several shops having their opening in their internal passage of the building. Toilets and lifts are on the back side of the building. Two gates are proposed on the front side, one towards the south eastern end and the other towards the south western end of the plot for ingress and egress to the building. Each of the gate is about 18' wide. In addition, there is one exit on the rear side opening on Lala Bhishambharnath Road. Several hawkers occupy a part of Mongibai Road abutting the suit property. The appellants appear to occupy part of the Mongibai Road adjoining to and abutting the two gates proposed to be made on the south eastern and south western side of the suit property.

5. Apprehending that the Company would open the gates to their property by breaking the existing compound wall and thereby dislocate them. The appellants filed a suit, bearing L.c. Suit No. 5020 of 2004, against the MMC and the Company for an injunction restraining the Mumbai Municipal Corporation from granting permission to the Company to make the gates in the Southern compound wall and for an injunction restraining the Company from putting up the two gates as proposed by it in the plan.

6. Apprehending that the appellants would prevent it from making the gates in the southern compound wall of the suit property as per the plans sanctioned by the MMC for access to the proposed building in the suit plot, the company filed a suit, bearing Suit No. 4614 of 2004, for an injunction restraining the appellants from preventing with the Company from putting up the gates to the suit property and for an injunction restraining the appellants from encroaching and trespassing on the suit property. In the respective suits, the appellants and the Company took out the motions for interim reliefs in the aforesaid terms pending the decision of the suits. By a common order dated 26th June, 2006, the learned Judge of the City Civil Court restrained the appellants-hawkers by an injunction from obstructing the ingress and egress to the suit property through the two gates as per the plan sanctioned by the MMC. It further held that the appellants were free to hawk on any other place on Mongibai Road as per the squatters licence. Aggrieved by the said common order, the appellants hawkers have filed these two appeals challenging the common

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