ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.987 OF 2008 APPLICATION NO.987 OF 2008 APPLICATION NO.987 OF 2008 IN IN IN SECOND SECOND SECOND APPEAL NO. 537 OF 1999 APPEAL NO. 537 OF 1999 APPEAL NO. 537 OF 1999 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Ranade i/by Mr.R.S.Datar for the Applicants. Mr.K.P.Mali i/by Mr.R.A.Thorat of the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 30th June, 2008 : 30th June, 2008 : 30th June, 2008. P.C. P.C. P.C. . This is a Civil Application filed by the Applicants, Respondents in Second Appeal, for restraining the Appellants in Second Appeal from carrying out any construction at and altering the status of the suit property i.e. Municipal House No. 7 and plot of land bearing City Survey No.43/8 beneath a portion of plot of land bearing City Survey No. 308 at Jawahar, Tq.Jawahar, ( 2 ) District Thane. 2. Considering the averments made and as the learned counsel appearing for the Appellants makes statement that except the repairs of existing structure, there is no structural change in the premises. The repairs are necessary in rainy seasons, in view of the nature of existing mud structure of the suit property. A statement is also made that they will not carry out any construction except day to day repairs as to make it habitable. In view of this, the Civil Application is disposed of, accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]