1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.392/2009 IN SECOND APPEAL NO.1188/2004 Anandrao Dnyandeo Darwan and others. ..Applicants -VERSUS- Sau.Shobha Ashok Nimkar and others. ..Respondents ......... Mr.A.M.Kulkarni, Advocate for the applicants. Mr.C.G.Gavnekar, Advocate for the respondent No.1. .......... CORAM : A.P.DESHPANDE, J. DATED : 04th MARCH, 2009. P.C. : 1. By the present application, the applicants are objecting to construction of toilet and bathroom blocks by the respondents on the open space which is subject matter of the application. 2. The learned counsel for the respondents submits that the respondents are in need of toilet and bathroom block and thus, have applied to the Municipal Council. The learned counsel for the respondents undertakes that the said construction of toilet and 2 bathroom blocks to be raised on the premises, would be without prejudice to the rights of the applicants and in the event if the decision in appeal goes against the respondents, they will remove the structure and will not claim any equity on that count. 3. The undertaking is accepted. In view of the said undertaking, no order need to be passed on the application. 4. The learned counsel for the applicants seeks liberty to file an appropriate application with a view to press the prayer made in prayer clause (b). For the present, the said prayer is not considered and liberty is granted to the applicants to file an appropriate application if so advised. 5. The application is disposed of. JUDGE