IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 249 OF 2007 IN FIRST APPEAL NO. 265 OF 2007 MR. CUSTODIO RODRIGUES ... Applicant Versus MRS. ELISA DIAS AND 3 ORS., ... Respondents Mr. P. Lotlikar, Advocate for the Applicant. Mr. A. Rebello, Advocate for Respondent No. 1. Mr. M. Salkar, Addl. Govt. Advocate for Respondents No. 2,3 & 4. Coram:- N. A. BRITTO, J. Date:- 11th June, 2008 P.C.: Heard learned Counsel on behalf of the parties. 2. There is a pipeline of 15 mm diameter going through the property of the plaintiff, which supplies water to the house of one Joao Rodrigues, who is not a party to the suit. This pipeline has been in existence even before the suit was filed by the plaintiff, on or about 18/10/2005. 3. Counsel on behalf of the defendant submits that a connection can be given to the defendant from the said pipeline, but this course of action is objected to by the learned Counsel on behalf of the plaintiff. Shri Salkar appearing on behalf of the authorities submits that in case another connection is added to the said pipeline passing through the property of the plaintiff, water pressure will be diminished to the house hold of the said Joao Rodrigues. 4. It is seen that during the trial of the suit, the defendant had not obtained any such relief from the trial Court, in case the defendant was entitled to in terms of the Goa Public Health (amendment) Act, 2001. As on date, the plaintiff has a judgment/decree in her favour, which restrains the authorities from laying a water pipeline through the property of the plaintiff. Shri Salkar has also submitted that the diameter of the existing pipeline will have to be increased in case the water is to be supplied to the defendant no.3. Considering the facts of the case, it would not be proper at this stage, on the face of the decree obtained by the plaintiff in her favour, to allow defendant no.3 to obtain a water connection from the existing pipeline. Needless to observe defendant no.3 will have to wait for the result of the appeal filed by him. 5. Application disposed of accordingly. N. A. BRITTO, J. NH