: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1120 OF 2009 Ramesh Kumar B. Thakur ... Appellant V/s. Sanghavi Premises Pvt. Ltd. ... Respondent Mr.R.S. Yadav for Appellant Mr.Birendra Saraf for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 10, 2009 P.C.: 1. The Appeal from Order has been filed against the refusal of the ad-interim relief to the plaintiff. According to the plaintiff-appellant, the drainage pipeline for his property runs through the property owned by the respondent upto the main drainage pipeline on Maratha Colony road. According to the appellant, the respondent has commenced construction on CTS No.1063 and has dumped debris into the 4 chambers which are along the drainage pipeline which takes the effluent from the appellant’s property to the main pipeline on Maratha Colony road. 2. The respondents have claimed that this blockage may have occurred because of the construction that they have commenced on their own property which has been in progress for the last six months. It is therefore submitted that there is no need to : 2 : grant any ad-interim relief. 3. The trial Court has accepted the case of the respondents and refused ad- interim relief. 4. In my view, this order must be set aside since the blocked chambers and a blocked drainage pipeline could lead to health hazards. In this view of the matter, the appellant is permitted to clean the blocked chambers which admittedly run along the compound wall and use the drainage pipeline during the pendency of the Motion. However, this order will not create any equities in favour of the appellant. The Motion to be heard and disposed of within three months. 5. Appeal from Order is disposed of accordingly. 6. In view of the disposal of the Appeal from Order, Civil application No.1380 of 2009 does not survive and the same also stands disposed of.