1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1424 OF 2008 IN SECOND APPEAL NO. 742 OF 2005 Shri Ankush Govind Nalawade ...Applicant vs 1.Laxmibai Dattaram Nikam & 4 ors. ...Respondents Ms. Smita Mane for the applicant. Mr. Amogh Karandikar i/b M/s. Khandeparkar & Associates for the respondent No.2. CORAM : V.R. KINGAONKAR, J. DATED : 16 TH APRIL, 2010 P.C. : 1. Heard counsel. 2. The Second Appeal was scheduled for final hearing, but it could not reach. The counsel for the respondent No.2 submits that it may be fixed for final hearing on a scheduled date. By consent, the Appeal is fixed for final hearing on 17th June, 2010. 2 3. The counsel for the applicant points out that the Southern and Eastern walls of the house have collapsed and that the premises are required to be used by the female members of the family. She would submit that temporary arrangement should be allowed for reconstruction of the said walls as prayed for in the application. 4. The Civil Application No.1424 of 2008 is partly allowed with liberty to the applicants to reconstruct the Southern and Eastern walls after following due procedure such as obtaining the permission from the Gram Panchayat and on further condition that appropriate undertaking will be furnished within a period of one week to the effect that if the Appeal is dismissed, ultimately, then the appellant will not claim any right in respect of the said walls and, if so required or directed by the court, will get the same dismantled at its own cost. (V.R. KINGAONKAR, J.)