mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3526 of 2008 Arun V. Tapase .. Petitioner versus Sangameshwar G. Ratkalkar .. Respondent ... Mr.Anand Vadgaonkar for the petitioner. Mr.V.S. Deokar for the respondent. CORAM : A.M.KHANWILKAR, J DATED : 16th July 2008 P.C.: 1. Heard counsel for the parties. 2. In my opinion, no interference is warranted in exercise of writ jurisdiction against the concurrent view expressed by the courts below at the interlocutory stage. It is however made clear that the respondents shall construct the toilet if already not completed,entirely at the risk of the respondent. The respondent shall not claim any equity at the later point of time. The said construction shall be subject to the outcome of the suit. 3. It is made clear that this order is not an expression of opinion either way of the merits of the contention available to the parties which will be decided at appropriate stage on its own merits in accordance with law. 4. Petition disposed off on the above terms. (A.M.KHANWILKAR, J)