Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO.230 of 2009 IN WRIT PETITION NO.2572 of 2004 WITH W.P. NO. 2572 OF 2004 Daryus Soley Panthakey & anr. ...Applicant v/s. Faramroze Shroff & ors. ...Respondents Mr. G.S.Godbole i/b. Vinod Thakar for the applicants. Mr. Birendra Saraf i/b. M/s. Dhru & Co. for respondents 1 & 3. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 25TH FEBRUARY, 2009 : 25TH FEBRUARY, 2009 : 25TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. 2. By this application the landlord prays for injunction restraining the tenant from carrying on any further repair work or additional alteration in the suit building. From the documents furnished by the tenant, it is noticed that tenant intends to carry out only plastering, waterproofing and eventually painting of the building and the suit premises. The question whether the work so carried out without taking written permission of the landlord and the consequence thereof can be addressed at the hearing of writ petition. All questions in that behalf are left open. 2 3. In terms of this order, the tenant is permitted to carry out "plastering, waterproofing and painting work" of the suit building and also the suit premises as noted in the report dated January 2, 2009. That is obviously without prejudice to the rights and obligations of the parties. 4. It is made clear that if any other work is to be undertaken by the tenant and no prior written permission of the landlord in that behalf is obtained, it may amount to committing breach of the limited permission given by this Court for which the tenant can be proceeded appropriately. 5. In case the landlord refuses permission for any further work to be undertaken by the tenant, it will be open to tenant to approach this Court before undertaking any other proposed work. It is made clear that the entire cost for the work which is already undertaken by the tenant and allowed in terms of this order will be borne by the tenant and no reimbursement thereof will be claimed from the landlord. 6. Application disposed of on the above terms. 7. Hearing of Writ Petition is already expedited. 3 Office to process the Writ Petition under expedited category to be listed as per its turn. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]