ZILE SINGH Vs. GOPI RAIN

JUDGEMENT

(1.) This revision petition is directed against the order of status quo passed on an application under Order 39 Rules I and 2 of the Code of Civil Procedure.

(2.) Gopi Ram filed a suit for permanent injunction that he was the owner in possession of the suit land on account of an oral partition between him and his brother Mange Ram. The defendants set No. 1 had no right to dig a watercourse in the suit land. It was thus prayed that they be restrained from diging the watercourse as it would cause irreparable loss to him.

(3.) Defendants set No. 1 denied the allegation of oral partition as also of possession of the plaintiff over the suit land. The digging of the watercourse forcibly from the suit land was denied. It was pleaded that the watercourse had been sanctioned by the Divisional Canal Officer on 14.2.1987. Appeals filed by the co-sharer of the plaintiff were dismissed by the Superintending Canal Officer, Kaithal and the Chief Canal Officer. Mange Ram co-sharer of the plaintiff then filed C.W.P. No. 13694 of 1989. By an interim order dated 12.12.1989 passed in the writ petition, defendants set No. 1 were permitted to continue getting water from the water channel E.F. and if it had been demolished, it would be restored. The watercourse was being dug as per decision of the Canal Authorities and the order of the High Court-Application filed by the plaintiff under Order 39 Rule 1 and 2 C.P.C. alongwith the suit was disposed of by ordering that status quo be maintained till the decision of the suit. The order was maintained in appeal.