Leakage from upper flat leading to nuisance

Hi all, I am facing leakage in two of my bathrooms from upper flat from the last two years. As happens in most cases,the upper flat owner is refusing to repair (perhaps too stingy to spend) and the CHS Management is callous and uncooperative. I have written multiple complaints to Soc Secretary but he has chosen to ignore them.Nonetheless,sent two legal notices also to both Society Office-bearers & upper flat owner,but no result. It is clear now that they have no intention of addressing the leakage issue,perhaps counting on the long-drawn court proceedings plaguing our system where the appellant himself becomes the victim of delayed justice. The net outcome is that my family is suffering enormous nuisance and mental agony. I request the learned legal experts on this platform to suggest legal remedy to get the fastest resolution as I have already been suffering from 2 yrs. Can I petition the SDM of my area under Sec 133 of CrPC as the leakage is weakening the building structure,causing risk of diseases and hence,is a public nuisance to me. In how much time can I practically expect the SDM pass an order directing the upper flat owner to repair the leakage? Thanking all learned experts in advance