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.234 of 2009. CIVIL APPLICATION NO.234 of 2009. CIVIL APPLICATION NO.234 of 2009. IN IN IN SECOND APPEAL NO.814 of 2005. SECOND APPEAL NO.814 of 2005. SECOND APPEAL NO.814 of 2005. Smt.Ratnabai N. Shirote ..Applicant/Appellant versus Maruti Ramchandra More & Others ..Respondents Mr.Kandarkar for the applicant. None for the respondents CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 4th May, 2009. DATED : 4th May, 2009. DATED : 4th May, 2009. P.C. 1. According to the applicant, one room, more particularly set out in the plaint was agreed to be sold by the respondents to the applicant and specific performance in regard to the same was not granted. Hence the Second Appeal is filed. 2. This Civil Application is filed so as to seek an Order of injunction restraining the respondents from changing the nature of the suit property. Across the bar, learned Advocate for the applicant made grievance that the respondents are changing the roof and the walls i.e. to say the earlier walls are demolished and new are being constructed. According to learned Advocate for the -2- applicant, this constitutes change in the nature of the suit property and that will come in his way at the stage of final hearing. I am not ready to accept this submission. If the existing roof has been changed or existing walls are demolished and reconstructed, that would not cause any prejudice to the applicant. This is not a case where the respondents are trying to amalgamate the suit room with some other room or changing the nature of the suit structure. The work carried out by the respondents appears to be of inconsequential nature and even if that work is done, no damage is going to be caused to the applicant. The application is required to be rejected. Hence the Order. ORDER i. Application is rejected with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)