OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PLAINTIFF /appellant -Om Parkash has filed the instant second appeal against the judgement and decree of reversal dated 26.2.2013 passed by the learned Additional District Judge, Bhiwani, whereby the appeal of the defendant/respondent No. 3 -Jai Bhagwan was accepted, the judgement and decree dated 19.1.2011 passed by the learned Additional Civil Judge (Senior Division) Bhiwani, decreeing the suit of the plaintiff for declaration and prohibitory injunction was set aside and the trial court was directed to return the plaint for its presentation before proper forum. Facts giving rise to the present second appeal are that defendant/respondent No. 3 -Jai Bhagwan moved an application to the S.D.C.O. Sorkhi for restoration of water course AB through khasra No. 571//7/1/3 and 8/2 belonging to the plaintiff. S.D.C.O. Sorkhi after visiting the spot dismissed the said application. Aggrieved against the same, defendant/respondent No. 3 filed an appeal before the Divisional Canal Officer, Water Services Division, Bhiwani, who vide order dated 25.7.2007 accepted the appeal and ordered restoration of the watercourse AB through aforesaid killa No. It is thereafter, that appellant/plaintiff filed a civil suit on 13.8.2007 for declaration to the effect that the said order dated 25.7.2007 passed by Divisional Canal Officer was illegal, null and void and further sought prohibitory injunction to the effect that the defendants be restrained from implementing the order dated 25.7.2007. The case of the plaintiff/appellant was that he was owner in possession of khasra No. 571//7/1/3 and 8/2 and there existed no watercourse, restoration of which could be ordered by the Divisional Canal Officer.

(2.) UPON notice, defendant No. 3 -Jai Bhagwan contested the suit and filed reply stating therein that his land can only be irrigated from the existing khal which was in existence since the time of digging of canal and the same was a sanctioned and old khal which had been demolished by the plaintiff.

(3.) COUNSEL for the appellant heard.