: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.615 OF 2007 SECOND APPEAL NO.615 OF 2007 SECOND APPEAL NO.615 OF 2007 Aminabai Haji Abdul Gaffar, Deceased, . Thru’ Rashidabai Mohd. Faruque & Ors. ...Appellants V/s. Mohammad Sharif Moharram Ali & Ors. ...Respondents Mr.Anilkumar Patil, Advocate, for the Appellants. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 26TH MARCH, 2008. DATE : 26TH MARCH, 2008. DATE : 26TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate appearing for the appellants. 2. Appellants are the original plaintiffs who filed a suit for mandatory injunction against the respondents-landlords. The Trial Court partly decreed the suit by passing a decree of prohibitory injunction which reads thus:- "2. Let the defendants through their agents, servants and workmen be perpetually restrained from leaking or causing leakage of waste water or any substance into the suit property described in Para 1 of the plaint, in any manner which may cause damage or annoyance to the plaintiff 1-A." 3. Prayer for mandatory injunction was rejected by the Trial Court. There was an Appeal preferred by : 2 : the present appellants in which Cross Objection was filed by the respondents. Both, the Appeal and Cross Objection have been dismissed by the Appellate Court. 4. In sofar as prayer for mandatory injunction is concerned, the Appellate Court has observed that the appellants-tenants can always invoke provisions of Section 23 of the Bombay Rents, Hotel and Lodging Houses Rates (Control) Act, 1947 by following the procedure prescribed therein. Though no case is made out for interference in the Second Appeal, as held by the Appellate Court, it is always open for the appellant to take steps in accordance with the provisions of law. 5. Subject to what is stated above, Second Appeal is dismissed with no orders as to costs. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]