ca16669.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 16669 OF 2010 IN SECOND APPEAL NO. 621 OF 2006 Bapu s/o Chaphekar (Died through L.Rs.) Sumanbai w/o Bapu Chaphekar and others ...Applicants Versus Muktaji s/o Bhau Bharitakar and others ...Respondents ..... Mr. V.V. Deshmukh i/b Mr. L.V. Sangit, advocate for the applicants Mr. A.K. Shejwal i/b Mr. S.T. Shelke, advocate for respondent Nos. 2A, 2C, 2D and 2E Mr. A.S. Bajaj, advocate for respondents 3 & 4. ..... CORAM: A.V. NIRGUDE, J. DATED: 21ST SEPTEMBER, 2011 PER COURT:- 1 Heard. 2 This civil application is moved seeking permission of the court to carry out the repairs to the existing structure, photographs of which are annexed to the reply filed on behalf of respondent No.3. It is not in dispute that from the photographs it is seen that the applicants are ca16669.10 -2- using a part of the structure as a shop and remaining part for residential purpose. If the permission for repair is given to the applicants, no prejudice is likely to be caused to the other side. The proposed repairs would only improve the structure. It is not likely to expand the same. The permission for repair deserves to be granted provided that all the applicants shall jointly, furnish an undertaking to this court that while carrying out repairs of the structure they will not increase the area of the same horizontally and/or vertically. 3 With the above observations, civil application stands disposed of. ( A.V. NIRGUDE, J. ) rlj/