Shri. Ramkisan S/O Prabhatilal Agrawal v. Shri. Raishabh S/O Ramkisan Agrawal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1714/2019 IN SECOND APPEAL (SA) NO. 535/2018 [Shri Ramkisan S/o Prabhatilal Agrawal Vs. Shri Raishabh S/o Ramkisan Agrawal & Ors.) -------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________________________________ Ms. Gayatri Diwe, Advocate h/f Shri P.R. Agrawal, Advocate for appellant Shri R.D. Zode, Advocate for respondent CORAM : M. G. GIRATKAR, J.

DATE : 30/01/2020 Heard Ms. Gayatri Diwe, learned Advocate holding for Shri P.R. Agrawal, learned Advocate for appellant and Shri R.D. Zode, learned Advocate for respondent.

Following order was passed on 04.10.2019 :

"This application is taken out for modification of order dated 28.03.2019.

The modification sought is that the respondents be permitted to construct a compound wall to safeguard the material and the wooden logs lying on the plot.

Shri P.R. Agrawal, the learned counsel for the appellant is strenuously objecting to the modification. Shri P.R. Agrawal, learned counsel for appellant would invite my attention to the affidavit

in reply filed on behalf of the appellant to contend that there is no valuable article lying on the plot and every article of any value or worth is already disposed of and/ or removed.

I do not see any prejudice if a compound wall is constructed. I may only clarify that if the appellant ultimately succeeds, the respondents shall not claim any equity on the basis of the compound wall constructed. To the contrary, the appellant shall be entitled to possession of the suit plot along with any improvement made there to including the compound wall which may be constructed by the respondents.

The order dated 20.03.2019 is accordingly modified and the respondents are permitted to construct a compound wall to protect the suit plot. The respondents shall file on record an affidavit giving the details of the wooden logs and any other article of worth which may be part of the debris of the construction demolished during the pendency of this appeal. The affidavit be filed on record within two weeks".

As per the order dated 04.10.2019, the wall compound is constructed to protect the suit plot. As per the direction of this Court, affidavit is filed on 09.10.2019. Photographs are also filed on record. Hence, as per the submission of learned Advocate for both parties, nothing

survives in the application, accordingly it is disposed of. JUDGE C.R. Khobragade