nstituted a civil suit of mandatory injunction, the facts of the case are like this I am living in 2nd floor and 3rd floor owner has constructed an illegal construction in form of wood construction, now the issue is that construction is damaging my property below as that wooden construction is blocking the water to flow into drains and since accumulation of water has cause heavy seepage in the property below. in 2014 mcd issued notice to third floor and decided to demolish, since then no action by MCD to the third floor. civil suit was instituted in August 2015 and since then the 3rd floor is sealed. Now damage to the 2nd floor is aggravated and pop is started to fall.
1) can i obtain direction from the High court that because of 3rd floor illegal construction its not safe to live and in order to protect my life can high court give direction to mcd to demolish the third floor, is the writ maintainable?
2)Defendant has moved an application under 151 regarding status of 2nd floor in which MCD replied that the building is not as per sanctioned plan there are deviations(no specific details mentioned), what impact does this report do to my civil case. 
