1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.60 OF 2010 WITH C.A.NO.140 OF 2010 Jayesh Jayant Shah and ors. ..Appellants. Vs. Kantilal Dashrath Shah. ..Respondent. Mr.S.N.Vaishnav for the Appellants. Mr.Chandra Naik for the Respondent. CORAM : R.S. MOHITE, J. DATE : 19th January, 2010 PC : 1 Heard both sides. Perused the documents which are part of the proceeding. 2 This is a first appeal filed by the original defendants against grant of an injunction in the plaintiff s suit. The record indicates that according to the plaintiff the defendants made certain additions on the 5th and 6th floors. The plaintiff complained to the B.M.C. and the 2 defendants were required to remove the illegal alterations. They then started removing the debris by using single lift provided in the building. The plaintiff has 25% share in the building whereas the defendant has 25% share in the building.Some other family members are also holding the share in the said building. Rest of the building is tenanted and there are about 12 tenants residing in the building. In my view, the trial court has correctly held that using the single lift for carrying out or transporting the debris and building material amounts to nuisance. It was sought to be contended that injunction against the dumping of material in the compound wall of the building is illegal as the debris is temporarily kept in the compound to enable the contractor to remove the same by truck. There is open space around the building. The act of the defendants in making the illegal construction and later on removing under compulsion is an act which deprives the plaintiff from claiming any equitable relief. 3 Such an injunction cannot be granted. Even temporarily dumping of the debris in the compound of the building will cause inconvenience to the other occupants of the building who are bonafide occupants and paying rent and maintenance. In this view of the matter, absolutely no fault which can be found in the impugned order of the lower court. First appeal is therefore, summarily rejected. Civil Application No.140 of 2010 1 As the first appeal is rejected, civil application does not survive and hence, the same is also rejected. ( R.S. MOHITE, J.)