HEM LAL SHARMA Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) This revision petition is directed against the order dated 15.3.2001 passed by the Sub Judge 1st Class (I), Shimla whereby the application of the petitioners under Section 151 of the Code of Civil Procedure (hereafter referred to as the Code) for grant of police assistance to enforce the j order of injunction passed by the learned District Judge, Shimla in Civil Miscellaneous Appeal No.l3 -S/14 of 1999 on 1.1.2000 has been dismissed.

(2.) The admitted facts leading to the presentation of this petition are that the learned District Judge, Shimla while allowing the aforesaid appeal and allowing the application of the petitioners under Order 39 Rules 1 and 2 of the Code passed the following order: - "For the fore -going reasons, the appeal is accepted, the impugned order is set aside and consequently the application under Order 39 Rules 1 & 2 of the CPC is allowed and the respondents/defendants are hereby restrained from interfering in the water source of the plaintiffs, existing in Tager Nallah. It is, however, clarified that the water source of the plaintiffs, in respect of which temporary injunction is hereby granted, does not exist on khasra No.259/1 and taking advantage of this injunction is hereby granted, does not exist on khasra No.259/1 and taking advantage of this injunction, the plaintiffs cannot interfere in the water source alleged to exist on khasra No.259/1. The appeal stands disposed of accordingly...."

(3.) According to the petitioners, the respondents despite the aforesaid orders, continued to interfere with the enjoyment of the rights of the petitioners with the water source, therefore, they moved the aforesaid application before the learned sub Judge for grant of police assistance to enforce the aforesaid order on the ground that it was not possible for the petitioners to physically stop the interference caused by the respondents.