DULO RAM Vs. MUKESH KUMAR

JUDGEMENT

(1.) THIS petition is instituted against order dated 30.5.2013 rendered by learned District Judge, Kangra at Dharamshala passed in Civil Misc. Appeal No. 1 -J/XIV/2013.

(2.) PERTINENT facts necessary for the adjudication of this petition are that the petitioner -plaintiff (hereinafter referred to as 'plaintiff' for convenience sake), filed a suit before the learned Civil Judge (Junior Division) Jawali, district Kangra i.e. Suit No. 248/2011 seeking permanent injunction to restrain the respondents -defendants (herein after referred to as 'defendants' for convenience sake), their family members and attorneys from releasing dirty water over the land as detailed in the plaint. Plaintiff also moved an application under Order 39 Rule 1 and 2 CPC bearing CMA No. 264/2011, for issuance of ad -interim ex parte direction restraining the defendants, their family members and attorneys from allowing the flow of dirty water towards the residential house of the plaintiff. Defendants filed written statement and also reply to the application under Order 39 Rule 1 and 2 CPC. Learned Civil Judge (Junior Division) vide order dated 20.11.2012 restrained the defendants from throwing/allowing dirty water towards the land and building of the plaintiff.

(3.) I have heard the learned counsel for the parties and also gone through the record carefully.