1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1154 OF 2010 IN SECOND APPEAL NO. 117 OF 2006 Parvati Vitthal Phalle & anr. ........Applicants versus Madhukar Jagannath Phalle since deceased through L.Rs. 1A. Smt. Kamal Madhukar Phalle & ors.........Respondent. Mr. Uday P. Warunjikar adv. for the Applicants. Mr. Dilip Bodake adv. for the Respondents. CORAM: B. R. GAVAI,J. DATED : 02nd September, 2010. P.C.: 1. By way of present application, the applicant is seeking permission to carry out necessary repairs for strengthening the property house no.592. 2. The application is vehementally opposed by Mr. Bodake the learned counsel appearing on behalf of the non applicant. 3. From the perusal of the photographs, it would reveal that the premises are in a dilapidated condition. Necessary permission is also placed on record in so far as house no. 592. 4. In that view of the matter, I am inclined to allow the application by permitting the applicant to carry out necessary 2 repairs in house no. 592. However, it is made clear that the repairs shall be carried out only in respect of house no. 592 as specified in the order of Gram Panchayat dated 25­2­2009 and strictly in accordance with the permission so granted. It is further made clear that the permission granted by this court would not create any equities in favour of the present applicant/respondent in appeal and that the same shall be subject to the final decision of the appeal. (B. R. GAVAI, J.)