KBP 6126-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6126 OF 2009 Sou.Samandrabai Namdeo Jadhav ..Petitioner Vs. Sou.Geetabai Murlidhar Babar and ors. ..Respondents ......... Mr.S.M.Railkar, for petitioner. Mr.Anilkumar Patil, for respondent no.1. ......... CORAM : A.S.OKA, J.. DATE : 15 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioner and learned counsel for first respondent. 2] Learned counsel for the first respondent states that the construction carried out by the first respondent is now complete and during the pendency of the suit the first respondent does not desire to carry out any further construction. 3] The statements made by the learned counsel for the first respondent are accepted. There is already an observation made by the learned District Judge in the impugned order that the erection of the structure by the first respondent will be subject to final outcome of the suit. As the construction KBP 6126-09.sxw 2 has been carried out during the pendency of the suit, the first respondent will not be entitled to claim equity on the basis of said construction. 4] In view of aforesaid statements by the learned counsel for the first respondent and subject to what is observed above, the Writ Petition is not entertained and the same is rejected. However, all contentions of the parties in the pending suit are expressly kept open. ( A.S.OKA, J. )