1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2273 OF 2009 IN WRIT PETITION NO.1326 OF 2009 Mr.Fulshankar Joshi & ors. ..Applicants. v/s. Shri Subhash V. Prabhu & Ors. ..Respondents. Mr.Snehal Patankar for Applicants. Mr.A.Y.Sakhare, Sr.Counsel i/b. Y.A.Govekar i/b. M/s.YKS Legal for the Respondent Nos.1 and 2. CORAM:- A.M.KHANWILKAR, J DATED :- DECEMBER 4, 2009. P.C.: 1. The parties are present in Court. The Landlord has handed over three keys to the Tenants’ Counsel in Court. The keys pertain to Pump Room, ground floor tank and terrace door. The Tenants assure to take responsibility of the Pump Room and the water tanks including of cleaning and maintaining the same. That assurance is accepted. 2. In view of the above, grievance of the tenants stands fully addressed and they are not interested in precipitating the matter any further. 2 3. Counsel for the Landlord however, submits that the Court may examine the issue as to whether the landlord can be made responsible to share the burden of recurring water charges inspite of the fact that 11 flats in possession of the landlord are unoccupied and not in use. It will be open to the landlord to take out formal application in that behalf, which will be considered on its own merits. 4. Counsel for the landlord also points out that in the original order, the landlord is expected to contribute in respect of 7 flats, which were in his possession. However, as of now the landlord is in possession of 11 flats in the suit building. Besides, the Counsel for the landlord submits that the order passed on 27th November, 2009 is not consistent with the original order dated 19th March, 2009. All these aspects can be considered on its own merits, if the landlord were to file formal application for appropriate orders, as may be advised. 5. Accordingly, nothing survives in this Application. The same is disposed. (A.M.KHANWILKAR,J)