gst 1 ca4696.08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 4696 OF 2008 IN FIRST APPEAL NO. 1920 OF 2005. M.T.Krishnamurthy..... ...... ....Applicant. V/s K.K.Chaudhary & Ors. .... ..... ...Respondents. Mr.Vaibhav Sugdare with Mr.Rajesh Talekar i/by Asha & Co., Adv. For the applicant. Mr.Vinod Mahadik, Adv. For the BMC. CORAM: B.R.GAVAI, J. 1st September, 2010. PC: The matter was called out yesterday twice. None appeared for respondent No.1. As such matter was kept for today. Learned counsel for the applicant was directed to inform the learned counsel for respondent No.1 regarding matter being posted today. 2. Mr.Sugdare, learned counsel appearing for the applicant states that learned counsel for respondent No.1 has been served with the notice yesterday informing him about the matter being posted today. Today also when the matter was called out in the morning session none appeared and was kept in the second sessions. In th second session also none appears for respondent No.1. Hence matter is taken up for hearing. 3. By way of present application the applicant seeks a direction to respondent No.1 and 2 to carry out repairs in the flat owned by respondent No.1 so as to prevent the damage that has been caused to the flat of the present applicant. 4. The applicant has also expressed his willingness to carry out repairs at gst 2 ca4696.08.sxw his own costs. I have also perused the report of the Court Commissioner which was appointed by this Court. Perusal of the court commissioner’s report reveals that he has noticed that there was leakage to the ceiling to the flat of the applicant. In view of the report of the court commissioner it appears that the repairs are required to be carried out in the bath room of flat of respondent No.1 5. In that view of the matter application is disposed of with following direction : i) Applicant is permitted to carry out repairs in the bath room of flat of respondent No.1 at his ow costs; ii) The respondent No.1 shall permit the plumber employed by the applicant for carrying out repairs in the bath room of respondent No. 1. iii) It is made clear that the repair work shall be carried out during 10.00 a.m. To 6.00 p.m. only. 6. Needless to say that this order shall be without prejudice to the rights of the parties which would be determined at stage of final hearing of the appeal.