1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4145 OF 2010 IN FIRST APPEAL NO.1627 OF 2010 Brihanmumbai Mahanagarpalika .. Appellant. Vs. Scindia Employee CHS Ltd. .. Respondents. Mr.S.Y.Sakhare, Senior Counsel with Mr.J.J.Xavier with Mr.Vinod Mahadik i/b R.A.Malandkar for the appellant-corporation. Mr.M.P.Vashi i/b M/s.M.P.Vashi & Associates for the respondents. CORAM : D.B.BHOSALE, J. DATED : 28/10/2010. PC: 1. Heard learned counsel for the parties. 2. Having regard to overall facts and circumstances of the case and nature of the decree I am satisfied that this civil application deserves to be disposed of by the following order. Mr.Vashi, learned counsel for the respondents has agreed for the following order: (a) The respondent-society is allowed to reconstruct 49 ft. portion of the southern wall of their property being C.T.S.No.347, situate at village Gondivali, Andheri (East), Mumbai to its original condition at their costs. According to Mr.Vashi, learned counsel for the respondents, total expenditure for the reconstruction would not be more than Rs.1.50 lacs. The respondent-society to file affidavit, S 2 alongwith supporting documents, immediately after the construction is over, giving the accounts of the expenditure incurred by them with an advance copy thereof to the advocate for the appellants. If there is any dispute about the expenditure incurred by the respondent-society for reconstruction of the wall this court will appoint valuer and on the basis of the report of the valuer will pass appropriate order. It is open to the appellants to keep their officer from the concerned department present at the time of reconstruction so as to see whether the wall is being reconstructed as per the sanctioned plan. It is needless to mention that the respondent-society will give written intimation to the concerned department of the corporation two working days before they start reconstruction of the wall. It is further made clear that if the appeal is ultimately dismissed the amount, that the respondent-society will be spending for reconstruction of the wall, will have to be paid by the appellants with interest. With these observations the civil application is disposed of. The parties to act on a copy of this order duly authenticated by the Registry of this court. (D.B.Bhosale, J.)