KAMRUDDIN Vs. HASINA

JUDGEMENT

(1.) Petitioner herein, defendant before the trial court, is aggrieved from the appellate order dtd. 11/6/2021 (Annexure P/2) passed by learned Additional District Judge, Palwal, whereby he has been restrained from installing a borewell/minor tubewell in Killa No.25/1/2 or in any Killa comprised in the joint khewat No.134, without observing the minimum inter se distance of 25 metres from the pr-existing minor/borewell. While the said injunction was earlier declined by the trial court vide its order dtd. 4/5/2021 (Annexure P/l), however, in appeal the application for injunction has been allowed. Hence the instant revision petition to assail the appellate order.

(2.) Succinctly, it is the case of the petitioner that the learned Appellate Court failed to appreciate that the respondent herein (plaintiff) has not specified any Khasra number in which she has installed tubewell and that, as per law, a co-sharer of joint a Khewat has no right to restrain the other co-sharer from enjoying his land and/or digging a borewell therein. Second borewell can be bored within a parameter of ten square yards.

(3.) Learned counsel for the petitioner argues that, a false FIR was also got registered on 18/4/2021 against the relatives of the petitioner/defendant under Ss. 323, 379, 427, 506/34 IPC, which is, in fact, the real genesis of the present dispute.