MOHAMEDBHAI CHHITABHAI MANSURI Vs. DAHYABHAI CHHITABHAI PATEL

JUDGEMENT

(1.) The petition is the owner of Survey No. 539 at village Vasai, Taluka Dabhoi, who moved an application before Mamlatdar under Sec. 5 of the Mamlatdars Court Act for injunction restraining the respondent opponent from in any way obstructing the flow of water coming to his field through the field of the opponent. It appears that in such proceeding after on the spot investigation, on 31st Dec., 1991 in the presence of Sarpanch of the village, the Mamlatdar found that the opponent has obstructed the natural flow of water, which has adversely affected the natural irrigation facility to the present petitioner and other persons. He, therefore, by order dated 1st of Jan. 1992, granted temporary injunction in favour of the present petitioner and against the respondent.

(2.) It appears that being aggrieved by such order, the respondent preferred appeal before Assistant Collector Dabhoi, under Sec. 23 of the Act, who by his judgment and order dated 16th Nov., 1992, vacated the order of injunction granted by Mamlatdar. Such order passed in appeal is the subject matter of challenge before this court.

(3.) After hearing the learned counsel-appearing for the petitioner as well as Mr. B.S. Patel, learned Counsel appearing for the respondent, B.S. Kapadia, J. on 26th Aug., 1993, granted order of Status quo under which the flow of water to the field of the petitioner continued.