Smt. Muktabai Shankar Bhalerao Alias Shinde And Others v. Smt. Ahilya Bhargav Bhalerao Deceased Through Anand Bhargav Bhalerao And Other

(13) cac-336.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.336 OF 2016 IN CIVIL REVISION APPLICATION NO.954 OF 2010 Smt. Muktabai Shankar Bhalerao alias Shinde since deceased by LRs Mukund Shankar Bhalerao alias Shinde & ors. : Applicants.

Versus

Smt. Ahilya Bhargav Bhalerao since deceased by Lrs Anand Bhargav Bhalerao and anr.

: Respondents.

Mr. Rohan P Surve i/by Mr. Madhav J Jamdar for the Applicants. Mr. Arvind Aswani i/by Mr. J G Aradwad for the Respondent No.1A. CORAM :

R. M. SAVANT, J.

DATE :

26th APRIL 2017 P.C.

The above Civil Application has been filed for being permitted to carry out repairs, additions and alterations in the suit premises i.e. House No.1073, Bootee Street, Pune - 411 001. However on the earlier date after the hearing had concluded, this Court had directed the Applicants to list out the repairs which they are desirous of carrying out to the suit premises. Accordingly the learned counsel for the Applicants Shri Rohan Surve today has tendered a pursis listing the repairs that the Applicants are desirous of carrying out. The said pursis contains Items 1, 2 and 3. The same are reproduced herein under :- "1 To carry out repairs of the entire roof of the suit premises and to replace lgc

(13) cac-336.16 the clay roof with CGI sheets;

To carry out repairs of the bathroom roof.

To carry out repairs of the main door of the suit premises by repairing the damaged frame of the same thereby replacing the old frame with the new frame."

The learned counsel appearing on behalf of the Respondent No.1A Shri Arvind Aswani fairly submits to the orders of the Court. In my view having regard to the photographs which are annexed to the above Civil Application it would be just and proper to permit the Applicants to carry out repairs as listed above. The above Civil Application is accordingly allowed and the Applicants are accordingly permitted to carry out the repairs in terms of Item Nos.1, 2 and 3 mentioned as above at their own costs. The same would be without prejudice to the contentions of the Respondents in the above Civil Revision Application. After the repairs are carried out. The Applicants to file a report in this Court to the said effect. The pursis is taken on record and marked as "X" for identification. The above Civil Application is accordingly disposed of.

[R.M.SAVANT, J] lgc