-1- 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.1112 OF 2008 APPLICATION NO.1112 OF 2008 APPLICATION NO.1112 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.57 OF 2008 APPEAL NO.57 OF 2008 APPEAL NO.57 OF 2008 Manojkumar S. Tiwari & Anr. ...Applicants vs. Sidharth S. Tiwari and others ...Respondents Mr.Santosh Narasatray i/b M/s.M.P.Vashi & Associates for the Applicants Mr.R.A.Thorat i/b Mr.V.N.Tendulkar for the Respondent No.1 Mr.J.J.Xavier for Respondent No.7 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 28, 2008. : MARCH 28, 2008. : MARCH 28, 2008. P.C.: P.C.: P.C.: 1. The prayer is for modification of the order dated 5th February 2008 passed in the Appeal. The second prayer in the Application reads thus : "(b) Or in the alternative the survey charges may be restricted to the disputed passage between the two plots bearing City Survey No.34/1-13 and City Survey No.33-B, both situated at Ram Mandir Road, S.V.Road, Goregaon (West), Mumbai 400 062." 2. The order dated 5th February 2008 was passed in favour of the Applicants/Appellants on the basis of their own submissions. Therefore, the Applicants will have to pay the costs of survey. In so far as the prayer (b) is concerned, the same cannot be granted as the question is of fixation of boundaries between the two adjoining plots. Hence, the application is rejected. -2- JUDGE JUDGE JUDGE