: 1 : nms-3413-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3413 OF 2010 IN SUIT NO. 2363 OF 2007 Siddhakala Vishwastha Mandal & Ors. .. Plaintiffs v/s. Brahmadev V. Sawant & Anr. .. Defendants ......... Mr. Ketan A. Chotani for the plaintiffs Mr. Ram U. Singh for defendant no.1 Mr. R.S. Raymond, V.P. Shastri i/by Raymond & Co. for defendant no.2 ......... CORAM : R.Y.GANOO, J. DATE : 22nd DECEMBER, 2010 P.C. : 1. As the matter was called out, learned Counsel appearing on behalf of the plaintiffs submitted that though the prayer clause (a) is widely worded, the plaintiffs are interested in reflooring the floor of the suit premises either by tiles / cota tiles. He also submitted that plaintiffs will not claim any expenses for the said reflooring. This request is opposed by learned Counsel for both the defendants on account that the premises are going to be repaired. I do not agree with this submission. It is apparent that the premises in question are : 2 : nms-3413-09=.sxw being used by the persons who are not party to the suit, their interest has to be seen and as such, I am inclined to pass the following order to dispose of the motion. ORDER (i) The plaintiffs are permitted to carry out the work of reflooring of the suit premises by installation of tiles / cota flooring. It is clarified that if the plaintiffs do this work, by doing this work they would not secure any advantage over the defendants on merits of the matter. (ii) The cost of the flooring will be borne by the plaintiffs alone. The plaintiffs will file photographs in regard to the work done by them within 4 weeks from carrying out the work. There shall be no order as to costs. (R.Y.GANOO, J.)