DASHRATHBHAI JETHABHAI Vs. PATEL HIRABEN MADHAVLAL

JUDGEMENT

(1.) HEARD Shri Mehul S.Shah, learned counsel for the appellants. None for the respondents though the name of Mr.K.G. Raval, learned counsel appears for the respondents.

(2.) PRESENT is an appeal by the unsuccessful plaintiffs who have lost before both the courts.

(3.) THE case of the plaintiffs is that they are owner of Survey No.475 and were on an earlier occasion drawing water from the well situate at the corner of Survey No.477/2 and were carrying water from that well to their own Survey No.475 through Survey No.476 which belonged to the defendants. Their submission is that since after the well situated at the corner of Survey No.477/2 had dried up, they have to fetch water from a well which situate at the corner of Survey No.422/1. According to them, a straight stream of water would flow from the corner of Survey No.422/1 to another corner of Survey No.477/2 and from there following the existing channel it would reach to the Survey No.475, he prayed for an injunction restraining the defendants from interfering with their rights.