VINEET KOTHARI,J. - (1.) The appellant/defendant, Devilal S/o. Sh. Nathu Lal Kalal, has filed the present second appeal before this Court aggrieved by the judgment and decree of learned Additional Civil Judge No. 1, Udaipur, in Appeal No. 12/1990-Devilal vs. Soram Bai and Ors. dated 23.09.1993, whereby the learned appellate court had only partly allowed the appellant/defendant's appeal. The learned trial court vide judgment and decree dated 30.05.1986 had decreed the suit for injunction filed by the respondents/plaintiffs in the following manner:
(2.) The appellate court partly allowed the appellant/defendant's appeal in the following manner:--
(3.) The present second appeal was filed by the appellant/defendant in this Court on 03.01.1994 and a coordinate bench of this Court while admitting the present appeal framed following substantial questions of law for consideration by this Court on 11.11.1994. "1. Whether the learned courts below have erred in granting a decree for mandatory injunction against the appellant? 2. Whether the learned appellate Judge has erred in law in reversing the finding on issue No. 3 and 4 without there being proper cross-objection by the plaintiffs? 3. Whether the learned courts below have failed to consider that the suit filed by the plaintiff deserves to be dismissed on the finding on Issue No. 5 that there was no blockage of the discharge or daingage of the water?" ;