1. The suit for mandatory injunction to construct a drainage and for prohibitory injunction not to drain / flow waste water into the property of the plaintiffs was decreed concurrently by the courts. The defendant - Municipality is in Second Appeal.

2. The plaint 'A' and 'B' schedule properties belong to the first and second plaintiff's respectively. They are residing in the buildings in the properties. Each of the properties contain well, which is used by them for their domestic purposes. On the eastern side of the plaint 'A' schedule property is a road. According to the plaintiffs, the defendants started construction of a drainage on the north - eastern side of the road. It was left uncompleted. Consequently, waste water from the drainage is flowing into the plaint schedule properties and causing nuisance, including contamination of the wells. It is accordingly that the suit has been filed for a mandatory injunction to complete construction of the drainage and also for prohibitory injunction not to cause nuisance by flowing water into the plaint schedule properties.

3. The defendants filed written statement contending that, the road on the eastern side of the plaint schedule proper