JAGAT PARKASH Vs. GOPAL CHANDER

JUDGEMENT

(1.) The plaintiffs' suit, for rendition, of, a declaratory decree, and, for rendition, of, a decree of injunction, (i) vis-à-vis, his rather holding customary rights, of, easement of necessity, of, irrigating suit Khasra No. 2835/2369, 2837/2371, and, Khasra No. 2834/2369, (ii) from, a water channel, originating from Khasra No. 2377, (iii) through the mechanism, of, a micro kuhal, hence passing through Khasra Nos 2731 and 2639, located in Mohal Sangla, rather stood decreed by the learned trial Judge. The aggrieved defendants preferred an appeal, before, the learned District Judge, and, the latter after recording apt findings, borne in paragraph-35, para whereof stands extracted hereinafter:

(2.) The defendants standing aggrieved therefrom, hence motion this Court, through, the instant appeal.

(3.) The learned Appellate Court, even if, was constrained to record findings, borne in paragraph-35 , and, thereafter, was constrained, to make an order for remand, upon, the learned trial Court, (i) yet for obviating uncalled for prolongation(s), of, the litigation, amongst, the parties at contest, it was rather sagacious for him, to proceed to, hence appoint a Local Commissioner, and, to elicit from him, the apt report, rather than, it making a direction upon, the learned trial Judge, after remand of the lis, to him, qua his proceeding to, appoint a Local Commissioner, for, the latter hence proceeding, to make in his apt report, hence apt unravelment(s),with respect to Khasra Nos., wherethrough, the water channel passes, and also, with respect to source thereof.