Abhilasha Ajit Rawal v. Kirshnarao M. Chemburkar (Trustee Of Bhilingeshwar Dewalaya Trust) And ORS

2025:BHC-AS:54926 Sayyed 925-IA.8751.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8751 OF 2025 IN FIRST APPEAL NO.574 OF 2012 Abhilasha Ajit Rawal ...Applicant/Appellant

Versus

Kirshnarao M. Chemburkar Trustee of Bhilingeshwar Dewalaya Trust & Ors.

...Respondents

_____________________________________________________ Ms. Gauri K. Jadhav for the Applicant/Appellant. Mr. Rajshekhar Govilkar, Senior Advocate a/w Ms. Shaba N. Khan for Respondent Nos.1 to 4.

Mr. Pradeep M. Patil for Respondent No.5-MCGM. Mr. Devdatta B. Mhatre, Respondent No.4-Trustee of Bhilingeshwar Dewalaya Trust in-person present.

_____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATE :

12 DECEMBER 2025 P.C.:

1.

This application is taken out for fixing the date for final hearing and seeking permission to carry out repairs to the suit premises. 2.

In the application, there are no details given about the repairs. In the absence of any details as to nature of repairs this prayer cannot be adjudicated upon.

3.

The learned counsel for the applicant states that the applicant wishes to construct a WC inside the suit premises. The learned counsel for the respondents opposes the same and states that there are common WC around the suit structure which is barely 30 to 40 fts. from the suit premises and there is no obstruction to the applicant using the common

Sayyed 925-IA.8751.2025.doc WC. In my view, if there is no obstruction to the applicant for using the common WC then the prayer sought for constructing the WC inside the suit premises cannot be accepted. The respondents should ensure that the applicant is given free access to the common WC. 4.

Interim Application is disposed of.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 15/12/2025 12:34:48