KASHETAR PAL SINGH Vs. HARPAL SINGH

JUDGEMENT

(1.) THIS petition is directed against the order dated 28.2.2014 passed by the Civil Judge (Senior Division), Court No. 1, Amb, District Una in the application.

(2.) "Key facts" necessary for the adjudication of this petition are that petitioner -plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) has filed a suit for permanent injunction restraining the respondent -defendant (hereinafter referred to as the "defendant" for convenience sake) from raising any sort of construction blocking the rainy as well as domestic flow of water over the portion A B C D E F G H as shown in the site plan. The suit was contested by the defendant.

(3.) ACCORDING to the plaintiff, defendant has obstructed portion shown with letters 'O' and 'M' reflected in red colour in the site plan by raising construction of a brick wall over the drain shown with marks A B C D during the pendency of the suit. Defendant has raised construction upon mark 'O' to the extent of 9 feet in height and mark 'M' to the extent of 6 feet in height. Defendant has totally blocked the drain. Defendant has denied construction of any brick wall on marks 'O' and 'M'.