MADHUKAR SHANKAR AMBEKAR Vs. CHIPLUN MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE appellant's appeal takes exception to the concurrent judgments and decrees passed by the Courts below.

(2.) THE appellant is original plaintiff and owner of the property bearing survey no.133 hissa nos. 6 & 7 now CTS No.8070. 8073 and 8074. The appellant's residential house is situated therein. The appellant's area is 4 gunthas. The appellant's house is situated at the foot of the hill. To the north of the appellant's property there is property bearing survey no.133 hissa no 105 & which is given CTS no.8060. The rain water flowing from the top of the hill passes through the land CTS no.8060 and 8070. From there it goes to Pakhadi and from beneath the Pakhadi it passes through 'mori' shown in map by letter A.B.C.D. thereafter from between hissa nos. 100 and 104 of survey no.133 and joins the municipal gutter. As per the appellant the respondent municipality has put earth at a particular spot and has staved the water flow that the municipal council have dug out a drain in hissa no.105 in north/south direction and has let the water in hissa no.107 of the plaintiff. Due to the said act dirt has accumulated in the appellant's plot and foul smell is spread. The appellant has prayed for mandatory injunction against the municipality to make the water flow as it was and to fill up the drain which was dug and remove the earth put by municipality for stopping the water flow.

(3.) DURING the pendency of the suit a Commissioner was appointed for local inspection whose map is at Exh.84.