1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1240 OF 2009 Mr.Vijaykumar Narayandas Baldava .. Petitioner Versus Shahaji Yashwant Salgar & Ors. .. Respondents Mr.Sachin Dhakephalkar for the petitioner. Mr.G.S.Godbole i/by Mrs Jai Kanade for respondent nos.1 to 3 and 5. CORAM : A.S.OKA, J. DATE : 20 th July 2009. P.C.: . Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents. The petitioner filed an application on 08th August 2008 before the trial Court praying that the suit premises be permitted to be covered by tin sheets. The said application has been rejected by the impugned order dated 08th August 2008. The said order dated 08th August 2008 reads thus: Perused the application and say filed by the defendants. No affidavit of document in support of this application is filed. Allowing this application would amount to restore the position prior to institution of suit. Hence the application rejected. 2. Perusal of the application on which the impugned 2 order is passed shows that the same is filed on 08th August 2008 on the basis of what happened in August 2008. The said application has been rejected mainly on the ground that no affidavit and no documents were filed in support of the application. The learned counsel appearing for the respondents submitted that the Civil Court could not have granted any relief on such application considering the frame of the suit. 3. However, considering the fact that the order has been passed on 08th August 2008 on the application made on the same day, this petition need not be entertained as the petitioner can always file a fresh application seeking appropriate relief regarding grant of permission to put up tin sheets over the ceiling of the suit premises. Subject to this observation, the petition is disposed of. 4. It is made clear that if such fresh application is made, the respondents will be entitled to contest the said application on all permissible grounds. (A.S.OKA,J)