IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 1009 OF 2009 IN SECOND APPEAL NO. 45 OF 2004 SHRI SAUNSTHAN SHANTADURGA CHAMUNDESHWARI KUDTARI ... Applicant Versus SHRI SUHAS D. SHIKERKAR,QUEPEM-GOA. ... Respondent Mr. Sudin Usgaonkar, Advocate for the Applicant. Mr.S. D.Padiyar, Advocate for the Respondent. Coram:- R. M. SAVANT, J. Date:- 18th December, 2009 P.C. 1. The above M.C.A. has been filed by the original Respondent to the above Second Appeal. The above MCA has been filed for the following relief : "It is therefore, prayed that the Respondent be directed to temporarily remove the stones during the Zatra festival every year to clear the way and the Respondent may be at liberty to keep the stones back after the conclusion of Zatra every year". 2. To facilitate passing of the Maharath during the ensuing Zatra of the Applicant, it is necessary that the laterite stones piled in front of the house of the original Appellant i.e. the Respondent herein i.e. the first row of the laterite stones is required to be removed. This would facilitate the smooth movement of the Maharath as well as the devotees who accompany the Maharath. 3. The learned Counsel for the original Appellant i.e. Respondent herein makes a statement on the instructions of the Respondent who is present in the Court that he would remove the said front row of the laterite stones which is in front of the house by 27.12.2009. The wooden logs which have been allegedly installed by the Applicant would also be removed and the Applicant if it desires can take away the said logs. The Zatra is to be for three days i.e. 29th, 30th and 31st December, 2009. The Respondent would therefore be entitled to reinstate the first row of the laterite stones in front of the house after 02.01.2010. This arrangement is made without prejudice to the rights and contentions of the parties in the Appeal. 4. A grievance is made on behalf of the Respondent that the application such as the instant one is always filed by the Applicant at the last moment. The Applicant may therefore endeavour to file such an application on the next occasion well in advance. The parties to act on a copy of this order duly authenticated by the Court Sheristedar. R. M. SAVANT, J. at*