: 1 : cas.1635.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1635 OF 2011 IN SECOND APPEAL NO.45 OF 2008 Shri Ismail Noormohammed Warunkar since deceased through Smt.Hazara Ismail Warunkar & Ors. .. Applicants V/s. Smt.Kulsum Fattu Warunkar & Ors. .. Respondents Mr.Vivek Salunke I/b P.B. Shah for the Applicant Mr.Zaheer Khan A. Pathan for the Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 15, 2011 P.C.: 1. The civil application has been filed by the respondents seeking permission to replace the existing roof of the suit premises which consists of “tin sheets”. The learned advocate appearing for the appellants states that the appellants have no objection if the prayer is granted provided that no other repairs are carried out by the respondents, especially structural changes. 2. Considering the submissions of both the learned advocates appearing for the parties, the civil application is allowed in terms of : 2 : cas.1635.2011 prayer clause (a). It is, however, made clear that no other changes will be made by the respondents in the suit structure. The costs of replacing the existing roof with new tin sheets will be borne by the applicants in the civil application i.e. the respondents in the appeal. 3. Civil application is disposed off accordingly. (SMT.NISHITA MHATRE, J.)