Bombay High CourtCAA/45/2016ca disposed off

Vijaykumar S/O Harikrishna Varma v. Anant S/O Nanaji Paturkar

2016-08-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 caa45.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAA) NO.45 OF 2016 IN APPEAL FROM ORDER NO.12 OF 2013 (VIJAYKUMAR HARIKRISHNA VARMA....VS..ANANT NANAJI PATURKAR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D.Khati, Advocate for Applicant.

Shri Nitin Vyawahare, Advocate for Respondent. CORAM : Z.A.HAQ, J.

DATED : AUGUST 22, 2016.

The averments in paragraph 3 of the application that the portion of roof of the suit property has caved in and immediate repairs are required, are not controverted by the appellant.

Considering the nature of relief sought by the respondent and the undertaking given by him that he will not make any claim for the amount spent on the repairs and will not claim any equity if he is permitted to undertake the repairs, the respondent is permitted to undertake the repairs at his cost. The appellant shall not cause any obstruction to the repairs of the suit property.

The civil application is allowed accordingly. JUDGE RRaut..

2 caa45.16 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 23/08/2016.