1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1059 OF 2009 IN SECOND APPEAL NO. 741 OF 2005 Ankush Govind Nalawade ..... Applicant Vs. Laxmibai Dattaram Nikam & anr..... Respondents Ms. Smita Mane Adv. for the applicant Mr. Amogh Karandikar i/b M/s. Khandeparkar & Asso. Adv.fFor the respondent. CORAM : R.G. KETKAR, J. DATE : 16th July, 2010. P.C. : 1. By this application, the applicant is seeking permission to carry out repairs to the walls which had collapsed in respect of suit property being Gram Panchayat House No. 286 and 298 situated at Vetal Bambarde, Gadkari Wadi, Taluka Kudal, District Subdhudurg. 2. Heard Ms. Smita Mane, learned counsel for the applicant and Mr. Amogh Karandikar, learned counsel for the respondent. It is submitted that the applicant has taken out application no.1424/08, and in that 2 application by order dated 16­4­2010 the applicant was permitted to reconstruct the walls after following due procedure and on furnishing undertaking that in case the appeal is dismissed the applicant shall not claim any equity in respect of the said walls and, if so as required by the court the same will be dismantled at his costs. 3. After hearing the learned counsel for the parties and after considering the photographs annexed to the application, I am of the opinion that the applicant has made out a case for granting interim relief in terms of prayer clause (a). It is however made clear that the applicant shall obtain permission before carrying out the repairs of the walls from the appropriate authority. The applicant shall furnish undertaking within two weeks incorporating therein that in the event the appeal is dismissed, the applicant will not claim any equity and shall dismantle the walls so constructed at his costs. C.A. is therefore allowed in terms of prayer clause (a) subject to the aforesaid condition. There shall be no order as to costs. [R.G. KETKAR, J.]