- (1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 20.03.2009 passed by Additional District Judge No. 2, Bikaner, whereby, judgment and decree dated 24.08.2007 passed by Civil Judge (Junior Division), Lunkaransar, Bikaner has been upheld.
(2.) The facts in brief may be noticed thus : the plaintiffrespondent filed a suit for injunction against defendantsappellants seeking restraint against removal of syphon and not to discontinue the irrigation facilities pertaining to her land comprised in Khasra Nos. 42 and 44 at village Ghesura Ki Rohi; it was claimed that by order dated 16.07.2004 issued by Superintending Engineer, the syphon was permitted to be installed and on installation of the irrigation facilities through syphon, the plaintiff utilized the same appropriately; by notice dated 07.10.2005 issued by Executive Engineer, the plaintiff was informed regarding discontinuation of irrigation facilities under political pressure; it was prayed that the defendants be directed not to remove the duly installed syphon and not to stop irrigation facilities.
(3.) A written statement was filed by the defendants, inter alia, indicating that the irrigation facilities were temporary and as the plaintiff's field was not under the chak plan, she was not entitled for irrigation facilities; it was prayed that the suit was liable to be dismissed.;