1 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 CIVIL CIVIL APPLICATION NO.6685 OF 2007. APPLICATION NO.6685 OF 2007. APPLICATION NO.6685 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.535 OF 2008. APPEAL NO.535 OF 2008. APPEAL NO.535 OF 2008. Violet Louize Gomes & ors. : Appellants. versus State of Maharashtra & ors. : Respondents. Mr.D.C.Shah for the appellants. Ms.S.P.Manchekar, AGP, for the State. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : MAY 05, 2008. : MAY 05, 2008. : MAY 05, 2008. P.C. P.C. P.C. 1. Rule. Rule returnable forthwith. 2. Heard the learned advocates for the parties. 2 3. This is an application filed by the appellants for directions to the respondents to reconstruct forthwith the suit premises of the Petitioner Nos. 2 to 4 as it was in existence prior to its illegal and unlawful demolition and in the alternative the petitioner may be granted liberty to reconstruct the demolished premises initially at their own costs and the respondents be ordered and directed to pay the costs and expenses for the same. 4. I am inclined to allow this civil application partly. The petitioners are allowed to reconstruct the premises at their own costs. The said construction will be subject to out come of the first appeal. The construction should be in the same area which was in existence prior to demolition as mentioned in the notice. Rule is made absolute to the extent above. The application is disposed of accordingly. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]