: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2774 OF 2009 IN FIRST APPEAL NO.1631 OF 2003 Tanaji Laxman Bhujbal .. Applicant V/s. Laxman Govind Bhujbal & Ors. .. Respondents Mr. N.P. Deshpande for the Applicant. Mr. Abhaykumar Apte for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATED : 18 TH SEPTEMBER, 2009. P.C.: 1. By this Civil Application which has been filed by the original plaintiff in Special Civil Suit No.1404 of 1991 filed before the Civil Judge, Senior Division, Pune, it is prayed that this court should restrain the respondents from changing the nature of the properties mentioned in para 1 of the Civil Application. It appears that respondent No.3 has commenced construction on the properties mentioned in para 1 of the Civil Application and, therefore, the applicant has prayed that there should be an order restraining the respondent No.3 from changing the nature of the properties. : 2 : 2. Respondent No.3 has filed an undertaking in the form of an affidavit indicating that he is in fact constructing a house in the part of the suit land which, according to him, he is entitled to. However, he has stated that he undertakes to pull down the construction in the event that land goes to the share of the applicant or any other co- sharers, when the suit property is partitioned. He has also undertaken that he will not claim equities in respect of the construction in the suit property. 3. The undertaking is accepted to the extent that respondent No.3 will pull down any structure which he may have constructed in the suit properties in the event the land bearing the structure is allotted to the share of any other person in the partition. The undertaking not to claim equities is also accepted. It is clarified that the undertaking that respondent No.3 will compensate the parties in the event the land bearing the construction is allotted to somebody else is not accepted as the question of others being compensated for the construction does not arise. : 3 : 4. The Civil Application is disposed of accordingly. .......