IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 621 OF 2004 CIVIL APPLICATION NO. 621 OF 2004 CIVIL APPLICATION NO. 621 OF 2004 IN IN IN SECOND APPEAL NO. 910 OF 2001 SECOND APPEAL NO. 910 OF 2001 SECOND APPEAL NO. 910 OF 2001 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of of Coram, appearances, Court’s orders and Registrar’s orders : Court’s or Judge’s orders ---------------------------------------------------------------------------- Shri Pratap Patil for the applicant. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 10TH SEPT., 2004 DATED: 10TH SEPT., 2004 DATED: 10TH SEPT., 2004 P.C.: P.C.: P.C.: 1. Heard learned counsel for the applicant. None present for the respondents. Perused the record. 2. By this application, the applicant is seeking direction to the respondents to repair the suit shed which is said to be in dilapidated condition or in the alternative he seeks injunction restraining the respondents from obstructing repair work in the suit property which will be carried out by the applicant. The applicant is a tenant in the suit property i.e. shed admeasuring 14 x 16 ft. bearing Municipal House No.2135/A-1 situated at Islampur, Tal. Walwa, Dist. Sangli where he is carrying out business of cycle shop. 3. It appears that similar situation had arisen in the year 1984 pending the suit for which purpose the Commissioner was appointed and the suit shed was got repaired. In my view, similar position has arisen at present and, therefore, I do not see any reason why the applicant should not be shown any indulgence in this regard. There is nothing on record including the reply affidavit challenging the plea of the applicant and, therefore, it is hereby directed that the applicant shall get the repairs carried out at his own expenses and the respondents shall not prevent the applicant from carrying out the repair work in the suit premises i.e. shed admeasuring 14 x 16 ft. at Municipal House No.2135/A-1 at Islampur, Tal. Walwa, Dist. Sangli. After carrying out the repairs, necessary report shall be filed by the applicant in the second appeal. With these directions, the application stands disposed of with no order as to costs. .....