FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.2033 of 2007 in Notice of Motion No.376 of 200 in SUIT NO.493 OF 2000 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr I.A.Raibakkar, for the applicant. Mr S.Shete, for the plaintiff. CORAM: D.B.Bhosale,J. DATED: 16.04.2008 P.C.: Heard learned counsel for the parties. This chamber summons is taken out by the applicant seeking permission of this court to allow her to carry out repairs of the balcony portion of her flat no.7, which is above flat no.3 in dispute. According to the applicant, the society is not allowing her to carry out the repairs in view of the order passed by this court dated 2.2.2000 in Notice of Motion No.376 of 2000 in Suit No.493 of 2000. By that order, ad-interim order in terms of prayer clauses (a)(iii), and (a)(iv) has been granted. Learned counsel for the parties state that subsequently the notice of motion is made absolute in terms of the ad-interim order dated 2.2.2000. Prayer clause (a)(iv) in the Notice of Motion No.376 of 2000 reads thus: "(a)(iv) the Defendant Nos 1 and 2 by themselves and their servants and agents be restrained by an order and injunction of the Hon’ble Court in any manner making any alteration or addition or structural changes in the suit Flat or any part thereof". In view of the order in terms of prayer clause (a)(iv), the society is not allowing the applicant to carry out the repairs of her balcony. Learned counsel for the defendants has no objection for allowing this chamber summons. In the circumstances, this chamber summons is made absolute in terms of prayer clause (c) and it is disposed of as such. (D.B.Bhosale, J.)