1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3398 OF 2011 IN FIRST APPEALNO.564 OF 2004 Shankar Laxman Ingale …. Applicants (deceased) thru LRs.) Vs. Anwarlal Haque Abdul Rashid …. Respondent Mr. K.P. Mali h/f R.A. Thorat for applicants. Mr. Pradip Kadam for respondent. Coram : A.S. Oka, J. Date : 20th September 2011 PC: 1. Heard learned counsel appearing for the applicants and learned counsel appearing for the respondent. The respondent is the original plaintiff. Appeal preferred by the applicants for challenging decree of injunction has been admitted on 2nd August 2004 and there is no interim relief granted in the appeal. 2 2. After having heard learned counsel appearing for the parties, I find that prayer (a) deserves to be granted considering the photographs annexed to the application. It is obvious that if the work is carried out by the applicants in terms of prayer (a), the same will be subject to final outcome of the appeal and the applicants will not claim any equity. 3. As far as prayer (b) is concerned, the learned counsel for the respondent expressed an apprehension that if the work of concrete ladi coba is carried out by the applicants, there will be flooding in the premises held by the respondent. Time was granted to the applicants to file an undertaking to effect that while carrying out the work of construction of ladi coba, the applicants shall ensure that the level is maintained in such a manner that the rain water will not enter into the premises of the respondent. However, the applicants are not willing to give such undertaking. Hence, prayer (b) cannot be granted. As far as prayer (c) is concerned, this relief cannot be granted as the impugned decree is operating for the year 2003. Hence, I pass following order : O R D E R The application is allowed in terms of prayer (a). It is made clear that the work carried out by the applicants shall be 3 subject to final outcome of the appeal and the applicants shall not be entitled to claim any equity on the ground that they have been permitted to carry out work. Prayers (b) and (c) are rejected. ( A.S. Oka, J.)