1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7333 OF 2011 Sunita Ananda Mahadik ...Petitioner Versus Surendra Pandurang Sakpal since deceased through L.R. Smt. Sujata @ Nalini S. Sankpal & Another ...Respondents Mr.N.J.Patil for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 4th OCTOBER, 2011. P.C. 1. The petitioner has filed Regular Civil Suit No.78 of 2011 in the Court of 4th Joint Civil Judge, Senior Division, Kolhapur, (hereinafter referred to as learned Trial Judge). The petitioner is a tenant in respct of the premises covered by the aforesaid suit. The petitioner filed application in the trial court seeking repairs to the suit premises, on the basis of the report of the Court Commissioner. Accordingly, the Court Commissioner visited the premises and gave his report. The 2 learned trial Judge perused the said report and came to the conclusion that the work which is required to be carried out cannot be termed as minor work and the work is of substantial nature. On this ground, the said application below Exhibit 36 is rejected. 2. I have heard learned Advocate Mr. Patil, appearing on behalf of the petitioner. In the first place the application filed by the petitioner seeking permission to carry out repairs does not mention the items of work which are required to be carried out. She wanted to rely upon the Commissioner’s report. The Commissioner’s report was perused by the court and the permission has been rejected. 3. I see no reason to interfere with the impugned order. It is required to be noted that the petitioner has not given items which are required to be carried out. In such a situation, the petitioner can now make a fresh application before the learned trial Judge setting out therein the items which are required to be carried out by way of major repairs. Once those items are crystalized, the respondents would be able to give their say in the matter. The learned trial Judge shall decide the said application on merits. 3 4. With the aforesaid observation, the petition is disposed of. There shall be no order as to costs. (R.Y.GANOO, J.)