IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2587 OF 2008 IN FIRST APPEAL NO.1016 OF 2008 M/s.Standard Ice-Cream Centre & Anr.)..Applicants Versus Municipal Corporation of Gr.Mumbai )..Respondents ---- Farhan Dubash i/by Jyoti N.Shah for the applicants. Mr.P.V.Naik for the Respondent/Corporation. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 6.5.2008. PC 1. Heard both sides. This is an application for permission to repair in terms of prayer clauses-(a)-(i) & (ii) and for permission to shift electric meter for installation inside the suit stall with necessary permission of BSES authorities. The photographs indicate that the roof is cracked. The First Appeal of the appellants has been admitted subject to condition regarding non creating third party rights. On perusal of the photographs it appears that if the permission is not granted then there will be leakage in the monsoon. In the circumstances, Civil Application is allowed in terms of prayer clauses-(a) and (b). It is however, made clear that grant of these reliefs will not create any equity in favour of the applicants and if : 2 : ultimately, appeal of the Corporation is allowed then the offending structure will have to be removed alongwith improvement made by this order. It is also made clear that this order will not entitle the applicants to make any permanent construction of any nature. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)