Ash 1 1caf-3436.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3436 OF 2010 IN FIRST APPEAL NO. 361 OF 2006 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Ms Pallavi N. Dabholkar for the Applicant. Shri S.G. Karandikar for Respondent No.1. Shri S.S. Shah for Respondent No.2. Shri Shrishail Sakhare for Respondent Nos.5 and 6. ­­ CORAM : A.S.OKA, J. DATE : 7TH MARCH, 2011 P.C.: . Heard learned counsel appearing for the Applicant, learned counsel appearing for the 1st Respondent, learned counsel appearing for the 2nd Respondent and the learned counsel appearing for the 5th and 6th Respondents. 2. The Applicant is the Appellant in the First Appeal. The First Appeal has been admitted. The impugned decree is a decree of partition. On 14th June, 2006, a limited ad­interim relief has been granted in the Appeal. 3. Prayer in this application is for grant of permission Ash 2 1caf-3436.10 to the Applicant to carry out repairs to the structure more particularly described in the application. Photographs of the structure has been annexed to the application. Earlier affidavit dated 8th February, 2011 was filed by the Applicant in which a statement was made that Akkalkot Municipal Council had granted permission to carry out repairs. However, the learned counsel appearing for the Applicant has accepted that no such permission has been granted. It appears that the permission was denied. 4. Today, learned counsel appearing for the Applicant has tendered an undertaking dated 3rd March, 2011 of the Applicant on oath. In the undertaking the Application has stated that he shall not carry out any repairs unless permission is granted by the Municipal Corporation. The Applicant stated that no equity will be claimed on the ground that the Applicant has been granted permission to carry out repairs. Undertaking dated 3rd March, 2011 is accepted. Statements made therein are accepted. Undertaking is taken on record and marked “X” for identification. 5. In view of what is stated in the undertaking, permission deserves to be granted as prayed. Hence, the Ash 3 1caf-3436.10 Application is disposed of by passing the following order:­ ORDER : (a) Application is allowed in terms of prayer (a). (b) It is made clear that the application which may be made by the Applicant to the Akkalkot Municipal Council for grant of permission shall be decided in accordance with law on its own merits without being influenced by grant of prayer clause (a) of this Application. (c) The Applicant shall not commence work of carrying out repairs unless a proper permission is granted in writing by the Akkalkot Municipal Council. As and when permission is granted, the Applicant will supply a copy thereof to the 1st Respondent. (d) If permission to carry out repairs is granted and the repairs are carried out, it is obvious that the Applicant will not be entitled to claim any equity. (d) There will be no orders as to costs. (A.S.OKA, J)