ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3446 OF 2006 PETITION NO. 3446 OF 2006 PETITION NO. 3446 OF 2006 Shri Ravba Shripati Chavan & Anr. ...Petitioners. Vs. Shri Shankar Khashaba Ghorpade & Ors....Respondents. Mr.S.S.Patwardhan for the Petitioners. Mr.Mitesh Butekar i/by Mr.Uday Warunjikar for Respondent Nos. 1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 07th October, 2008. : 07th October, 2008. : 07th October, 2008. P.C. P.C. P.C. . The Petitioner has challenged the order dated 7th March, 2006. The operative part of which, is as under:- "ORDER "ORDER "ORDER 1. Appeal is allowed. 2. The application exh.5, in R.C.S.No. 137/2005, is hereby granted. 3. The defendant Nos.1 to 3 are hereby restrained, from allowing or letting ( 2 ) out the waste water or the sewage water from their W.C. and or bathroom, to flow in the disputed property and also restrained from interfering, with the user of the plaintiffs and the defendant Nos.4 to 7, of the disputed property, admeasuring 60 feed x 7 feet, described in para 1 of the plaint, till the disposal of the suit." 2. Admittedly, there is no stay granted by this Court till this date. The stay order has been in force since 7th March, 2006. Considering the fact and the reasoning so given, I see there is no reason to interfer in the same, now at this stage of the proceeding. However, as the Appellants are Senior Citizens and above 72 years and Respondent Nos.1 and 2 are also above 65 years, I am inclined to accept the contention jointly made by the parties that in the interest of justice, the main suit for declaration and injunction, be disposed of as early as possible. In view of this, the suit itself is expedited being a matter of Senior Citizens. 3. The Writ Petition is disposed of accordingly. ( 3 ) ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)