1 caf-1309.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1309 OF 2010 IN FIRST APPEAL NO. 555 OF 2010 Smt. Jasuben Dana Jethwa & Anr. .. Applicants Vs Shri Ashok Kale. .. Respondent -- Shri M.C. Shah i/by Shri A.C. Mahimkar for the Applicants. Shri P.G. Lad i/by C.N.Gole for the Respondent. -- CORAM : A.S.OKA, J. DATE : 11TH MARCH, 2011 P.C.: . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the Respondent. Learned counsel appearing for the Applicants states that by consent of the parties, there was interim relief operating during the pendency of the suit in terms of prayer clauses (a) and (b) of this Application. 2. The suit filed by the applicants has been dismissed on merits. A limited injunction in terms of prayer clause (a) will have to be granted as the Appeal has been admitted. The Appeal will remain pending for several years. Therefore, prayer (b) cannot be granted. It is obvious that if the Respondent wants to carry out additions and alterations to the suit premises, he is required to obtain permission of the Competent Authority. 2 caf-1309.10 He cannot carry out additions and alterations without obtaining permission of the Competent Authority. Even if additions and alterations are carried out, it is obvious that the Respondent will not be entitled to claim any equity on that basis and the action of the Respondent will be subject to the final outcome of the Appeal. 3. Hence, the Civil Application is disposed of by passing the following order :- ORDER (a) Prayer (a) is granted. (b) Subject to what is observed above, the prayer clause (b) is rejected. (A.S.OKA, J)