: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1107 OF 2009 IN SECOND APPEAL NO.484 OF 1994 Ravindra Vanmali Bhanushali & Ors. ... Appellants V/s. Vithal Dundaji Deshmukh ... Respondent Mr.R.S. Datar for Appellants Mr.V.P. Patnakar i/b for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: 13TH AUGUST, 2009 P.C.: 1. The civil application has been filed for repairing house No.317 which is constructed on the land bearing Survey No.318, Hissa No.6, Saralgaon, Taluka Murbad, District Thane. The applicant desires to repair the foundation of the structure and also to replace the mangalore tiles of the house with tin sheets. The applicant has also prayed that he be permitted to carry out repairs/reconstruction of the walls of the house. The applicant is in possession of the structure and has stated in his civil application that it is in a dilapidated condition. The applicant has also indicated in the civil application that if the repairs are not carried out immediately, the structure could possibly collapse. : 2 : 2. The applicant has also stated in para 5 of the application that in case permission is granted to him to carry out the repairs as requested, he would not claim any equity on the basis of the repairs. 3. In my opinion, the applicant has made out a case for granting him the relief prayed for in the civil application as he has indicated through the photographs annexed to the civil application that the structure is in a precarious condition. Accordingly, the application is allowed in terms of prayer clause (a). 4. It is made clear that the applicant will not be entitled to claim any equity only because the aforesaid relief has been granted. 5. Civil application is disposed of accordingly.