1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Appeal against Order No.96 of 2011 [Shyamkumar Bilandrai Natthani v. Sahebrao s/o Devidas Waghmare (Patil) and others] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.L. Deshpande, Advocate for Appellant. Shri V.K. Gulhane, Advocate for Respondent No.1. Coram : R.K. Deshpande, J. Dated : 4 th October, 2011 Heard Shri Deshpande, the learned counsel appearing for the appellant; and Shri Gulhane, the learned counsel appearing for respondent No.1. The Trial Court has granted injunction restraining the defendants from causing damage to the suit property and further alienating the same pending the decision of the suit, by an order dated 25-3-2011 passed in Special Civil Suit No.68 of 2010. This is the subject-matter of challenge in this appeal. Shri Gulhane, the learned counsel for respondent No.1, submits that the order does not restrain the defendants from carrying out repairs; however, the only rider is that carrying out such repairs shall not cause any damage to the suit property. 2 In view of this, it is open for the appellant, who is defendant No.6 and who has purchased the suit property from the defendant Nos.1 to 5, to apply to the Trial Court for grant of permission to carry out such repairs which would not cause any damage to the suit property. The appellant may specify the nature of repairs which he intends to carry out so as to make the house in question habitat. Upon filing of such application, the Trial Court shall adjudicate the same in accordance with law. Except for the aforesaid observations, no interference is called for in the impugned order. The appeal is, therefore, dismissed. Judge pdl