: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4690 OF 2009 IN FIRST APPEAL NO.1247 OF 2004 Shitaladevi Temple Charitable Trust and Ors. .. Applicants v/s. Vijay Kumar Pille & Ors. .. Respondents ........ Mr. M.S. Lagu for applicants Mr. A.B. Tajne for respondent No.7. ........ CORAM : D.B. BHOSALE & R.Y.GANOO, JJ. DATE : 13th JANUARY, 2010. P.C. : 1. Heard Mr. Lagu, learned Counsel for the applicants and Mr. Tajne for respondent No.7. None appears for other respondents, though served. 2. By this Civil Application, the applicants have prayed for allowing them to repair / replace the drainage line in the suit property and also to repair or reconstruct the toilet blocks. It appears that earlier the applicants had filed Civil Application No.1358 of 2009 and this Court had disposed it : 2 : of by recording a statement of the learned Counsel for respondent Nos.1 and 2 i.e. the appellants, in the appeal. They had undertaken to repair the drainage line and the toilet blocks and in view thereof, they were directed to complete the work of repairs within a period of 4 weeks from the date of the order. The order was passed on 22.4.2009. Now, in the present application, the applicants state that despite the aforesaid order so also the order passed by this Court dated 13.2.2007 in Civil Application NO.4060 of 2004 with Civil Application No.489 of 2007, respondent Nos. 1 and 2 have not carried out the repairs and hence they have filed the instant application. We have perused the application and the aforesaid orders passed by this Court earlier. Keeping that in view and for the reasons stated in the application, we are inclined to make the Civil Application absolute in terms of prayer clause (a). Order accordingly. 3. Needless to state that if any permission is required for carrying out the repairs, the applicants shall seek such permission from the appropriate Authority. [R.Y.GANOO, J.] [D.B. Bhosale, J.]