: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.13 OF 2009 S.A. Chitnis & Ors. ... Appellants V/s. Shri Labh Singh & Ors. ... Respondents Mr.A.G. Damale for Appellants Mr.Mahendra Rathod for Respondent No.1 Mr.P.G. Lad for Resp. No.3 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 14, 2009 P.C.: 1. Heard the appellants and Defendant No.1, who claims to be the owner of the suit premises. 2. The appellants contend that the defendant had tampered with the electricity meters and therefore they are not enjoying an uninterrupted supply of electricity to the suit premises. The Defendant No.1 disputes this contention and submits that the Appellants have endangered the building with the unrestricted open wiring from the meter box to their respective premises. 3. In order to obviate the controversy, Mr.Damle appearing for the appellants states that the appellants will apply to the BEST undertaking to take corrective : 2 : measures to ensure that the meters and the wires running from those meters to the suit premises are placed correctly so as to not cause any hazard to the building or the other occupants in the building. 4. If such an application is made and the consent of Defendant No.1 is required, he will grant such consent without prejudice to his rights and contentions in the suit filed by him against the appellants in the Small Causes Court as well as in the present suit and in any other pending litigations/complaints. 5. Although notices have been issued to the BEST undertaking, nobody has appeared so far in the matter on their behalf. If the aforesaid application is made by the appellants, the BEST undertaking shall consider the same in accordance with law within two weeks. 6. Appeal from Order is disposed of accordingly. In view of the disposal of the Appeal, Civil Application No.12 of 2009 does not survive and the same stands disposed of accordingly.