1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2103 OF 2008 IN WRIT PETITION NO.1912 OF 2007 Ramlakhan S. Tiwari. ..Applicant. V/s. Mahanand Shivmurat Tiwari. ..Respondent. Mr. B.Unnikrishnan i/b. Mr.M.U.Pandey & Mr.Rakesh M. Pandey for applicant. Mr.Sushil M. Shukla for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Even though this Application is opposed by the co-tenant on the argument that existing height of the structure is less than 14 ft., however, as no document has been produced to substantiate that position, that objection will have to be turned down. Since the Applicant has already obtained permission of the Corporation in terms of the communication dated 23rd June, 2008 issued under the signature of Asstt.Engineer(Bldg.& Fact)H/E, I have no hesitation in allowing this Application in terms of prayer 2 clause (a). The work to be undertaken shall be entirely at the risk and cost if the Applicant and he shall not ask for any reimbursement from the landlord or the co-tenant as the case may be. Besides, the work undertaken by the Applicant in terms of the permission granted by the Corporation will be subject to the outcome of the pending Writ Petition and without prejudice to the right and contention of the parties therein. 3. The Applicant through Counsel undertakes to carry out repairs strictly in accordance with the permission granted by the Corporation. That assurance is accepted. . Application allowed on the above terms. . Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)