Vinayak Pandharinath Devhare v. Gangubai Pandharinath Devhare Lrs Prabhakar And Others

{1} 923 CA 8604 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 8604 OF 2018 IN SA/114/2015 VINAYAK PANDHARINATH DEVHARE

VERSUS

GANGUBAI PANDHARINATH DEVHARE DECEASED THR.LRS PRABHAKAR AND OTHERS ...

Advocate for Applicants : Shri S.S.Kulkarni Advocate for Respondent Nos. 2 To 4,5A To 5C, 6 & 7 : Shri M.G.Deokate ...

CORAM : P.R. BORA, J.

Date: July 10, 2018 ...

PER COURT :- Heard learned Counsel for the applicant and learned Counsel for the respondents.

From the pleadings as well as the documents placed on record, it does not appear that the respondents are anyway trying to change the nature of suit property or damaging the suit property. What reveals from the documents is that adjacent shop owner has demolished his shop and as such common wall between these two shops has been demolished because of which some portion of the

{2} 923 CA 8604 of 2018 shop in dispute has become open.

It is the contention of the learned Counsel for the respondents that open portion is required to be closed by carrying out some construction on existing construction.

In the circumstances, it does not appear to me that any case is made out so as to pass any order restraining the respondents from carrying out the construction and more particularly, when it is clarified by the respondents that they intend to reconstruct only the demolished portion of wall. Hence, the application stands rejected.

Civil application stands disposed of.

( P.R. BORA, J. ) SPT