1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5977 OF 2008 Shri Kewal Krishan Haridas Mehra. ..Petitioner. V/s. Shri Mayank Mangaldas Mehta & Anr. ..Respondents. Mr.P.S.Gidwani for petitioner. Mr.G.B.Bhatt i/b. Mrs.Shaila Pathak & Rekha D. Kingoi for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 22, 2008. DATE : AUGUST 22, 2008. DATE : AUGUST 22, 2008. P.C. : P.C. : P.C. : 1. This Petition is disposed of on the basis of agreement reached between the parties on the following terms. 2. It is agreed that the Petitioner will be permitted to carry out repairs to the terrace above the suit premises as well as in the suit premises entirely at the cost of the Petitioner. It is agreed that the Petitioner will not claim reimbursement of such expenses. Besides, the Petitioner will carry out repairs in accordance with the law and suggestion given by the Architect to be appointed by the Respondent No.1. The Respondent No.1 undertakes 2 before this Court that Architect will be nominated within one week from today, in the event, the Respondent No.1 is not interested in continuing the service of Architect, who is already employed by the Respondent No.1. The Respondent No.1 undertakes to send such intimation to the Petitioner within one week from today. Assurance given by the Respondent No.1 is accepted. The respondent No.1 also assures that the expenses towards Architect’s professional fees shall be entirely borne by the Respondent No.1 and no reimbursement thereof will be claimed from the Petitioner. 3. Needless to observe that the repairs carried out by the Petitioner will have to be after taking necessary permissions from the local authority, if required, inspite of the communication from the Corporation dated 30th May, 2008 at page 80. 4. The Petitioner shall not resist the presence of representative of Respondent No.1 when the repair work on the terrace is in progress. The Respondent No.1 undertakes to extend full cooperation to the Petitioner to facilitate the Petitioner to complete repair work on urgent basis. 3 5. Liberty to apply in the event, further directions are required in the matter. 6. It is made clear that above arrangement is without prejudice to the rights and contention of the parties in the pending proceeding before the trial Court. The trial Court shall expedite hearing of the suit as High Court expedite case, to be decided as per its turn. 7. Petition disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)