1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4070 OF 2009 WRIT PETITION NO. 2602 OF 1994 Radhakrishna Baburao Baber .. petitioners Versus The District Judge, Jalna and another. .. Respondent. --- Mrs. Manjusha Deshpande, Advocate for petitioner. Mr. H.M. Karwa, Advocate for respondent No.2. CORAM : B.R. GAVAI, J. DATE : 3RD JULY, 2009. ORAL ORDER :- 1] By way of present civil application, the applicant seeks a direction to the respondent landlord to undertake repairs to the suit premises. The petitioner has also prayed for permission to the petitioner to carry out the necessary repairs to the suit premises. 2 2] It was the contention of the applicant that the suit premises were in a dilapidated condition and may collapse any time due to rains, which would result in hazardous situation. 3] The claim of the applicant was resisted by the non-applicant No.2 4] In view of the disputed position, this court had directed the City Engineer, Nagar Parishad, Jalna to submit its report. Accordingly, the City Engineer, Jalna has submitted a report which is taken on record and marked “X” for identification. In the said report, it has been clearly stated that the house in question is in a dilapidated condition and the roof can collapse any time. 5] In that view of the matter, I find that the said structure require repairs. Since the landlord is not willing to carry out the repairs, the applicant/tenant is permitted to carry out the repairs. The civil application is allowed. The applicant is permitted to carry out the repairs of the roof of the house, so as to prevent it from collapsing. [B.R. GAVAI,J.] Grt/-