43cas1573-08.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1573 OF 2008 WITH CIVIL APPLICATION NO. 526 OF 2011 IN Second Appeal No. 73 of 2011 Baban Balkrishna Jadhav ... Applicants. Vs. Shir Bharat Jagannath Jadhav & Ors. ... Respondents. --- Mr. S.M.Suryawanshi for the Applicants. Mr. A.P. Kulkarni for Respondents. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1. Heard Mr. A.P.Kulkarni, Advocate appearing for the Applicants in C.A. No. 1573 of 2008, who is original Appellant in the Second Appeal and Respondent No.1 in the C.A. No. 526 of 2011. I have also heard Mr. Suryawanshi, Advocate appearing for the Applicants in in C.A. 526 of 2011 and for the Respondent No. in C.A. 1573 of 2008. 2 The Second Appeal is admitted by order dated 11th November, 2011. considering the nature of the Decree passed by the District Court and the 43cas1573-08.sxw 2 original Appellant has proved existence of prima facie case, balance of convenience and irreparable loss. Hence, C.A. No. 1573/2008 is allowed in terms of prayer clause (a) subject to the condition that the Applicant will not make any further extension of the disputed structure or WC in the lane and that the Applicant will be entitled to carry out such repairs which are absolutely essential. 3 Rule is made absolute in the aforesaid terms in the Civil Application No. 1573 of 2008. 4 In view of the aforesaid order, Civil Application NO. 526 of 2011 which was filed for vacating interim relief, does not survive and the same is also disposed off. 5 Considering the nature of the controversy, the hearing of the Second Appeal is expedited. [G. S. GODBOLE, J.]