:1: :1: :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 TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.36 OF 2008 IN SUIT NO.36 OF 1984 IN PETITION NO.449 OF 1984 Vijay Prakash Sawant .. Plaintiff. Vs. Ramakant Chandrarao Sawant & Ors. .. Defendants. Mr.Rajiv Bhatia i/b Apex Consultant for the plaintiff/applicant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 16TH JUNE, 2008. DATED : 16TH JUNE, 2008. DATED : 16TH JUNE, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the plaintiff. None for the defendants, though served. 2. In this notice of motion the plaintiff has made the following prayer: "(a) Defendant No.4 himself as also his servants and agents be directed to forthwith remove/demolish the illegal structure, i.e. wooden gate leading to the terrace of the suit premises and the structures put up on the terrace of the suit premises more particular exhibited/shown in the photographs annexed to the affidavit in support of this Notice of Motion." 3. Counsel for the plaintiff confined his :2: :2: :2: arguments to prayer clause (a) only. He invited my attention to the statements made by learned counsel for the defendant in Appeal No.722 of 2002 in Chamber Summons No.743 of 2001 which was recorded by the Division Bench in paragraph 6 of the order dated 18th January, 2008 which reads thus: "6. Mr.Anturkar, the learned counsel for Respondent No.4 states that his client will not create or induct any third party without prior permission of this Court. He also states that Respondent No.4 will carry out only tenantable repairs as contemplated under the Mumbai Municipal Corporation Act in the said premises and it is also made clear that whatever repairs that will be carried out will be subject to the final decision in the above suit." 4. Counsel for the plaintiff submits that after the order dated 18th January, 2008, under the guise of repairs, defendant no.4 has erected a wooden gate/door in the passage leading to common terrace and he keeps it locked thereby preventing the plaintiff to have access to the passage and terrace. He further submits that the plaintiff would be satisfied if a key of the lock of the gate/door is provided to the plaintiff to enjoy access to the terrace whenever he wants. Having considered the submissions of learned counsel for the plaintiff I am satisfied that following order will meet the ends of justice: . Defendant No.4 shall provide a key of the :3: :3: :3: lock of the door/wooden gate erected by him leading to the terrace of the suit premises to the plaintiff within four weeks from today and allow the plaintiff to have access whenever he desires or shall keep the wooden gate open between 8.00 a.m. and 9.00 p.m. everyday. With these observation the Notice of Motion is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)