1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1480 OF 2003 NOTICE OF MOTION NO.1480 OF 2003 NOTICE OF MOTION NO.1480 OF 2003 IN IN IN SUIT NO.1164 OF 1996 SUIT NO.1164 OF 1996 SUIT NO.1164 OF 1996 Stephen Laslie Victor D’Souza & Ors. ...Plaintiffs Vs. Stanley Antony D’Souza & Ors. ...Defendants ----- Mr.D.H.Mehta i/b. Mr. N.M. Shah for Plaintiffs Ms. Nutan i/b. Mr. D.S. Sakhalkar for Defendants CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 P.C. P.C. P.C. 1. There has been a lot of litigation between the 1. There has been a lot of litigation between the 1. There has been a lot of litigation between the parties pending the suit which has remained on Board parties pending the suit which has remained on Board parties pending the suit which has remained on Board for the last 8 years. This Notice of Motion has been for the last 8 years. This Notice of Motion has been for the last 8 years. This Notice of Motion has been taken out more than two years ago. The Defendants taken out more than two years ago. The Defendants taken out more than two years ago. The Defendants require certain repairs to be carried out to the suit require certain repairs to be carried out to the suit require certain repairs to be carried out to the suit structure. The repairs are titled ‘‘Monsoon structure. The repairs are titled ‘‘Monsoon structure. The repairs are titled ‘‘Monsoon repairs’’. They are mentioned in the Schedule repairs’’. They are mentioned in the Schedule repairs’’. They are mentioned in the Schedule Exhibit-2 to the affidavit in support of the Notice of Exhibit-2 to the affidavit in support of the Notice of Exhibit-2 to the affidavit in support of the Notice of Motion. Motion. Motion. 2. The repairs in terms which are required are to 2. The repairs in terms which are required are to 2. The repairs in terms which are required are to the roof and the verandah. These ‘‘monsoon repairs’’ the roof and the verandah. These ‘‘monsoon repairs’’ the roof and the verandah. These ‘‘monsoon repairs’’ has not been carried out, during monsoons of 2003- has not been carried out, during monsoons of 2003- has not been carried out, during monsoons of 2003- 2004. 2004. 2004. 3. Pending the Notice of Motion the verandah has 3. Pending the Notice of Motion the verandah has 3. Pending the Notice of Motion the verandah has been repaired by the Plaintiffs. The Defendant No.4 been repaired by the Plaintiffs. The Defendant No.4 been repaired by the Plaintiffs. The Defendant No.4 2 who is present in Court accepts this fact. 4. Hence, who is present in Court accepts this fact. 4. Hence, who is present in Court accepts this fact. 4. Hence, the repair to the roof is the only repair which is the repair to the roof is the only repair which is the repair to the roof is the only repair which is required to be carried out in the Defendant’s Notice required to be carried out in the Defendant’s Notice required to be carried out in the Defendant’s Notice of Motion. The roof has manglore tiles. The of Motion. The roof has manglore tiles. The of Motion. The roof has manglore tiles. The photographs Exhibit-3 to the affidavit in support of photographs Exhibit-3 to the affidavit in support of photographs Exhibit-3 to the affidavit in support of the Notice of Motion show certain manglore tiles being the Notice of Motion show certain manglore tiles being the Notice of Motion show certain manglore tiles being damaged and broken. They deserve to be replaced. The damaged and broken. They deserve to be replaced. The damaged and broken. They deserve to be replaced. The Plaintiffs apprehend that in the guise of obtaining Plaintiffs apprehend that in the guise of obtaining Plaintiffs apprehend that in the guise of obtaining such permission from the Plaintiffs more repairs or such permission from the Plaintiffs more repairs or such permission from the Plaintiffs more repairs or entire reconstruction may take place. Hence, to meet entire reconstruction may take place. Hence, to meet entire reconstruction may take place. Hence, to meet the ends of justice certain repairs, but under the the ends of justice certain repairs, but under the the ends of justice certain repairs, but under the control of the Plaintiffs who are the owners of the control of the Plaintiffs who are the owners of the control of the Plaintiffs who are the owners of the suit property, are required to be allowed. Hence suit property, are required to be allowed. Hence suit property, are required to be allowed. Hence following order. following order. following order. O R D E R O R D E R O R D E R 1. The Defendants shall purchase and obtain such 1. The Defendants shall purchase and obtain such 1. The Defendants shall purchase and obtain such number of manglore tiles as they require to be number of manglore tiles as they require to be number of manglore tiles as they require to be replaced on the roof. The Plaintiffs agreed to and replaced on the roof. The Plaintiffs agreed to and replaced on the roof. The Plaintiffs agreed to and therefore shall replace the manglore tiles through the therefore shall replace the manglore tiles through the therefore shall replace the manglore tiles through the Contractor of the Plaintiffs so soon as they are Contractor of the Plaintiffs so soon as they are Contractor of the Plaintiffs so soon as they are provided by the Defendants. provided by the Defendants. provided by the Defendants. 2. The Defendants shall pay the costs, charges 2. The Defendants shall pay the costs, charges 2. The Defendants shall pay the costs, charges and expenses of such replacements by the Contractor of and expenses of such replacements by the Contractor of and expenses of such replacements by the Contractor of the Plaintiffs. the Plaintiffs. the Plaintiffs. 3. Further oral application for repairs to 3. Further oral application for repairs to 3. Further oral application for repairs to 3 beams/planks which is not mentioned in the schedule beams/planks which is not mentioned in the schedule beams/planks which is not mentioned in the schedule are disallowed. are disallowed. are disallowed. 4. Notice of Motion disposed of accordingly. 4. Notice of Motion disposed of accordingly. 4. Notice of Motion disposed of accordingly. (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)