Fabian Philip Dias (Deceased) And ANR. v. Dunstan Philip Dias

2007.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2007/2015 IN FIRST APPEAL NO.1494/2006 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G. V. Pandya for the Applicant Mr. A. J. Almeida for the Respondent.

CORAM : K. K. TATED, J.

DATE : JULY 10, 2015 P.C.:

1.

Heard. This Application is preferred by the Plaintiff for permission to carry out appropriate repair work in respect of the suit property i.e. H.No.70, Kalina Village, Santacruz (E), Mumbai - 400029, as per Architect Report dated 09/05/2015 and as per Schedule-V (page 31 of the Civil Application).

2.

The learned counsel for the Respondent Defendant submits that, they have no objection if the Applicant carries out repair work to the suit structure, after obtaining required permission from the Corporation, if any.

Basavraj G Patil 1/2

2007.15-caf 3.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the no-objection is given by the Advocate for the Respondent Defendant, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) The Applicant is permitted to carry out appropriate repairs work in respect of the suit structure i.e. H.No.70, Kalina Village, Santacruz (E), Mumbai - 400029 as per the Architect Certificate dated 09/05/2015 and Schedule-V (page 31 of the Civil Application) with prior permission of the Municipal Corporation, if required.

b) Civil application stands disposed off accordingly..

JUDGE Basavraj G Patil 2/2