-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.3558 OF 2007 APPLICATION NO.3558 OF 2007 APPLICATION NO.3558 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.1 OF 2002 APPEAL NO.1 OF 2002 APPEAL NO.1 OF 2002 Mohammed Jais Shaikh ...Applicant vs. Municipal Corporation of Greater Mumbai & Ors. ...Respondents Mr.N.V.Gangal for the Applicant Mr.R.A.Malandkar for the Respondent No.2 Mr.Aniket Deshmukh i/b Mr.S.K.Legal Assocaites for Respondent No.12 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant. His submission is that the Applicant at this stage is not seeking relief of reconstruction of that part of the suit structure which has been demolished but he wants to carry out repairs to the structure which is not demolished and which is allegedly in dilapidated condition. 2. The prayer in this application is for carrying out repairs/reconstruction of the part of the suit structure which is already demolished. Therefore, this application will not survive. 3. The Applicant is free to submit an application to the first Respondent-corporation seeking permission to carry out -2- the repairs to that part of the structure which allegedly exists after demolition of the rest of the structure. It is obvious that the outcome of the application for permission to carry out repairs will be subject to final outcome of the Appeal. If such application is made, the first Respondent will consider the said application and pass an appropriate order thereon as expeditiously as possible. 4. It is made clear that even if the first Respondent permit the repairs to be carried out, the work of repairing will be subject to final outcome of the Appeal and on the basis of such permission granted by the first Respondent, the applicant will not be entitled to claim any equity. 5. Civil Application is disposed of accordingly with no order as to costs. JUDGE JUDGE JUDGE