HARCHARAN SINGH Vs. DARSHAN SINGH KHERA

JUDGEMENT

(1.) CM No.13464-CII of 2012 Allowed as prayed for. CIVIL REVISION NO.3067 OF 2012 Defendant No.2-Harcharan Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 28.11.2011 Annexure P-2 passed by learned Civil Judge (Senior Division), Kapurthala and judgment dated 03.02.2012 Annexure P-1 passed by learned District Judge, Kapurthala thereby granting temporary injunction to respondent No.1-plaintiff Darshan Singh Khera.

(2.) RESPONDENT No.1-plaintiff has filed suit against proforma respondent No.2-Gram Panchayat as defendant No.1 and petitioner Harcharan Singh as defendant No.2 alleging that the plaintiff and other cosharers are owners in possession of the suit land but defendant No.2 without any right wants to carve out drain by laying under ground drainage pipes for dirty water through the suit land. Defendants have no right to do so. Plaintiff, accordingly, sought permanent injunction restraining the defendants from doing so. Temporary injunction to the same effect during pendency of the suit was also claimed by the plaintiff by moving separate application. Defendants resisted the suit and the application for temporary injunction and pleaded that drain is already passing through the suit land constructed by Gram Panchayat in the year 1993-94 and now the drain is being made pucca with concrete. Defendant No.2 also set up right or easement. Various other pleas were also raised.

(3.) I have heard learned counsel for the petitioner and perused the case file.