IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.245 OF 2007. CIVIL APPLICATION NO.245 OF 2007. CIVIL APPLICATION NO.245 OF 2007. IN IN IN SECOND APPEAL NO.1015 of 2004. SECOND APPEAL NO.1015 of 2004. SECOND APPEAL NO.1015 of 2004. Shri Prakash Hashmatrai Lund & Others ..Appellants versus Shri Khatumal Lilaram Lund ..Respondents Ms.Gauri Godse for the applicants Mr.S.P.Kanga for the respondents CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 6th April, 2009. DATED : 6th April, 2009. DATED : 6th April, 2009. P.C. 1. Heard learned Advocates on both the sides. According to the respondent in the Second Appeal, who have taken out this civil application, the appellants have carried out certain work which according to the respondents has the effect of changing the nature of the structure itself and that is how the work which is said to be done by the appellant is sought to be demolished through this Civil Application. 2. The suit pertains to a particular structure described in the plaint and according to the respondent the identity of the suit structure is sought to be changed by the work which is carried -2- out. In my view this can be considered at the stage of hearing of the Appeal. Appropriate Observations can be made at the time of hearing of the second appeal. Hence the Order. ORDER . Civil Application is disposed of with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)