: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.413 OF 2008 WITH CIVIL APPLICATION NO.485 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mrs.Anjali Helekar or the Appellant. Mrs.G. Vongeyer the Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATED : 5TH MAY, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order restrains the Appellant from carrying out any further work on the suit premises of the nature alleged in the plaint. 3. Prima-facie it does appear from the photographs showing a young child standing on the loft that there was in : 2 : existence a loft with a tiled roof. Admittedly the child is now over 20 years old. The Appellant desired to replace the same with a asbestos sheets. It appears that the walls had been damaged in part and they were therefore repaired. 4. The above work does not per-se affect the rights of the Plaintiff who claimed to be the co-sharer of the property. The grant of the injunction therefore against the Appellant would prevent the Appellant from merely protecting the entire structure. 5. The impugned order is therefore, set-aside. It is however, clarified that this order ought not to be construed as permission by this Court for any construction work whatsoever if the same is contrary to law. The concerned authorities are always at liberty to take action against the same if it is illegal. Further the Appellant is restrained during the pendency of the suit from transferring, alienating, encumbering, : 3 : parting with possession of or creating any third party rights, title and/or interest in the said property. 6. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.