GRAM PANCHAYAT, BINJAL Vs. SARDARA RAM AND OTHERS

JUDGEMENT

(1.) Civil Suit No.286 dated 06.06.1988 brought by the appellant, Gram Panchayat Binjal, for perpetual prohibitory injunction to restrain the respondents from interfering in peaceful construction of the pucca drain on the spot indicated by points 'A' to 'B' in the site plan attached with the plaint, situated in village Binjal, Tehsil and District Patiala, was decreed by the Court of learned Sub Judge Ist Class, Patiala, (hereinafter referred to as 'the trial Court') vide judgment and decree dated 29.03.1989 but Civil Appeal No.144 of 06.04.1989, filed by the respondents to challenge the aforesaid judgment and decree dated 29.03.1989 of the trial Court, was accepted and suit of the appellant-Gram Panchayat was dismissed by the Court of learned Additional District Judge, Patiala (hereinafter referred to as 'the First Appellate Court'), vide judgment and decree dated 09.08.1989.

(2.) Feeling dissatisfied with and aggrieved by the judgment and decree dated 09.08.1989, the appellant-Gram Panchayat has brought the instant Regular Second Appeal under Section 100 of the Code of Civil Procedure. Respondents are contesting the appeal.

(3.) I have heard learned counsel for the parties and have perused the record.