NIHAL SINGH Vs. CHHOTA DEVI

JUDGEMENT

(1.) Nihal Singh-petitioner/plaintiff has filed this civil revision petition against Chhota Devi-respondent/defendant under Article 227 of the Constitution of India praying for setting aside the impugned order dated 15.10.2011 (Annexure-P.1) passed by learned Civil Judge (Senior Division), Narnaul, vide which the application filed by the petitioner under Order 39 Rules 1 and 2 C.P.C. was dismissed and for setting aside the judgment dated 24.7.2014 (Annexure-P.2) passed by the learned Additional District Judge, Narnaul, vide which the appeal filed by the petitioner against the above order has been dismissed.

(2.) I have heard learned counsel for the petitioner and have gone through the record.

(3.) From the record, I find that Nihal Singh-plaintiff/petitioner has filed a suit against Smt. Chhota Devi-defendant for perpetual prohibitory injunction in favour of the plaintiff and against the defendant to the effect that the defendant be restrained from installing new bore outlet in the well and the land fully described in the head note of the plaint. It is stated that the plaintiff is owner in possession of share and the exclusive bore/outlet and tube-well and the electric connection bearing old Account No.L-237 and New Account No.SC-51-0892 of the plaintiff alone are existing and he had been exclusively using the bore and the tube-well in question. In the suit, an application under order 39 Rules 1 and 2 C.P.C read with Section 151 C.P.C. has been moved for grant of ad interim injunction restraining the defendant/respondent from installing a new bore/outlet in the well and the suit land situated at Village Nagtihari as detailed in the head note of the plaint till the decision of the present suit.