1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1776 OF 2011 IN CIVIL APPLICATION NO.3035 OF 2010 IN FIRST APPEAL NO.2315 OF 2007 Arjunchandra Swarupchandra Chauhan & Anr. .. Applicants. Vs. Gokul Kisan Gaikwad & Anr. .. Respondents. Mr.M.P.Vashi for the applicants. Mr.Sameer Suryawanshi for Mr.S.A.Sawnt for the respondents. CORAM : D.B.BHOSALE, J. DATED : MAY 6, 2011. P.C. 1. In this application, the applicants have made the following prayers: “(i) In view of obstruction from respondents and major repairs work already done by this Applicant who spent an amount of Rs.3 lacs, applicants be granted further eight weeks to complete the remaining rooms: (ii) Strict warning be given to respondents not to obstruct the repairs work. (iii) In the alternative the order dated 16.11.10 be modified as under: (a) The status of present building be recorded by photos and specification before respondents start work. (b) The repairs should not cause any structural changes, if any changes made, be removed.” S 2 2. Mr.Vashi, learned counsel for the applicants submits that as per his instructions the respondents are carrying out structural changes which are not permissible to be made without prior permission of the corporation. He further submits that under the guise of the order passed by this court dated 16.11.2010 in Civil Application No.3035 of 2010 the respondents are carrying out major repairs without permission of the concerned authorities. Learned counsel for the respondents denies the allegations made by the applicants in the civil application so also submissions advanced on behalf of the advocate for the applicants. The respondents have placed their reply affidavit on record. Having considered overall facts and circumstances of the case I am satisfied that this civil application can be conveniently disposed of by the following order: If the respondents desire to carry out and/or carrying out any repairs as per the order dated 16.11.2010 for which permission of the Municipal Corporation is required they may do so only with prior permission of the corporation. It is open to the applicants to take photographs of the repairs being carried out by the respondents as and when they find it necessary. It is also open to the applicants to approach the concerned authority for violation of the permission, if any, granted by the Corporation while carrying out the repairs. With these observations the civil application is disposed of. (D.B.BHOSALE,J.)