SUKHJEET SINGH S/O HARDEEP SINGH AND ORS. Vs. MAHENDRAPAL SINGH S/O GURKANWAR SINGH AND ORS.
LAWS(RAJ)-2016-3-112
HIGH COURT OF RAJASTHAN
Decided on March 10,2016

SUKHJEET SINGH S/O HARDEEP SINGH AND ORS. Appellant
VERSUS
MAHENDRAPAL SINGH S/O GURKANWAR SINGH AND ORS. Respondents

JUDGEMENT

Dr. Vineet Kothari, J. - (1.) The present Revision Petition under Section 115 of the Code of Civil Procedure, 1908 has been filed by the petitioners-objectors, in a suit for permanent injunction, against the impugned order dated 23.04.2012 passed by the learned Civil Judge (Senior Division), Srikaranpur (District Sriganganagar) in Execution Civil Case No. 06 of 2009 " Mahendrapal Singh v. Executive Engineer and ors. " by which, the learned Executing Court below, while allowing the execution application filed under Order 21, Rule 11 CPC filed by the plaintiff-Mahendrapal Singh, had directed the respondents-Irrigation Authorities to provide the double turn of water supply as per the drip system for irrigating the garden of the applicant-decree -holder situated at Chak 14 F F, Muraba No. 5 admeasuring 12 bighas 12 biswas of land. ...[VERNACULAR TEXT OMITTED]...
(2.) The learned counsel, Mr. B.S. Sandhu, appearing for the petitioners-objectors submitted that in fact, the suit (No. 35/1987 "Mahendrapal Singh v. Executive Engineer and ors. ") filed by the plaintiff-decree-holder was dismissed by the learned Court below on 23.05.2002 only with a liberty to the plaintiff to approach the Irrigation Authorities, who were to consider sympathetically his application for water supply to save the crop of the garden. The relevant portion of the said order/decree of the learned Trial Court is quoted herein below for ready reference:- ...[VERNACULAR TEXT OMITTED]...
(3.) Thereafter, the application for such water supply in terms of the decree filed by plaintiff-Mahendrapal Singh was also dismissed by the Executive Engineer, Gang Nahar, North Division, Irrigation, Sriganganagar on 02.08.2003 with the following findings:- ...[VERNACULAR TEXT OMITTED]...;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.