JOTI Vs. KANSHI RAM
LAWS(HPH)-1979-12-4
HIGH COURT OF HIMACHAL PRADESH
Decided on December 13,1979

JOTI Appellant
VERSUS
KANSHI RAM Respondents

JUDGEMENT

VYOM PRAKASH,J - (1.) This revision petition is directed against the order, dated 5th June 1978, passed by the Additional District Judge, Mandi, by which the appeal of the petitioners was rejected and the order of the Additional Sub -Judge, Mandi, dated 22nd November, 1976, was affirmed.
(2.) The brief facts of the case are that Kanshi Ram respondent filed a suit against the petitioners for permanent, prohibitory injunction restraining them from interfering with the supply of water to his orchard planted on the land, bearing khasra number 1267/688/i of Mahal Arthi (Mandal) Ilaqa, Tehsil Saddar, District Mandi. It was alleged by the plaintiff that he had planted fruit trees in the land mentioned above and that for the irrigation and upkeep of this orchard he has laid pipe -lines and has brought water from a water tank situate in khasra number 1216/681/1 and that this water tank has also been constructed by him. It is further alleged that he has been using water of this water tank through pipelines for the last about 7/8 years for irrigating and also drinking purposes. The plaintiff further alleged that the defendants are threatening to cause damage to the water tank and the pipe -lines laid by the plaintiff and as such he was compelled to file this suit so that the defendants may not interfere with his right of supply of water of the aforesaid water tank through pipe lines. The suit is being contested by the defendants petitioners on various pleas.
(3.) In this suit the plaintiff filed an application for issuance of a temporary injunction under Order 39, Rules 1 and 2 of the Civil Procedure Code (hereinafter called the Code). After hearing the parties and perusal of the record, the Additional Sub -Judge, Mandi, allowed this application of the plaintiff vide his order, dated 22nd November, 1976. The defendants feeling aggrieved filed an appeal in the court of the District Judge but the same was also rejected vide order, dated 5th June, 1978, by the Additional District Judge, Mandi.;


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