1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3876 OF 2004 IN FIRST APPEAL NO.542 OF 2004 Arun Shantinath Arwade ..Applicant V/s. Smt.Vimal Shantinath Arwade & anr. ..Respondents Mr.Kailash Sawant, advocate, for the applicant Mr.Sachin Pawar, advocate, for the respondents CORAM : A.S.OKA, J. DATE : 5TH MARCH,2008 P.C. . I have heard the submissions of the learned advocates appearing for the parties. The application is filed by the applicant, who is the original second defendant. A decree is passed by the Trial Court holding that the first respondent/plaintiff is entitled to 5/16th share in the suit property. The appeal has been admitted. 2 2. The first prayer (a) in this application is for restraining the respondents from using the upper floor for commercial activity including computer business. Prayers (b) and (c) of the application read thus :- “(b) This Honourable Court be pleased to direct the Respondents herein to maintain the said suit property in the proper manner and take every precaution so as to avoid causing any nuisance or annoyance to the present Applicant. (c) Pending the hearing and final disposal of this First Appeal, this Honourable Court be pleased to direct the Respondents to provide an additional key of the main entrance and the terrace to the present Applicant.” Prayer (d) is not pressed. Prayer (e) is for restraining the respondents from making the application for disconnection of water supply connection. 3 3. The respondents are in possession of the upper floor and therefore, prayer (a) cannot be granted. Prayer (b) is very vague and if such prayer is granted, it will lead to further litigation between the parties. Considering the findings recorded by the Trial Court, prayer (c) cannot be granted. Insofar as prayer (e) is concerned, if there is any apprehension that the concerned authority may disconnect water supply, the applicant have an appropriate remedy against the said authority. Therefore, prayer (e) cannot be granted. 4. There is no merit in the application and same is rejected. (A.S.OKA, J.)