SARYA NARAYAN Vs. SHANTI LAL

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THE Revision is directed against the order dated 6. 3. 1993, passed by the Civil Judge, Chittorgarh affirming the order of Munsif and Judicial Magistrate, Kapasan dated 1. 5. 1989, allowing plaintiff-respondent's application for temporary injunction. THE brief facts of the case are that the plaintiff brought a suit for permanent injunction restraining the defendant from interfering with his right to draw support for the bathroom situated on the plaintiffs property, through the iron angle installed into defendant's wall, which is adjacent to defendant's house and which that bathroom was existing for last more than 20 years. THE suit was filed on 16. 12. 1988 and notices were issued on 16. 12. 1988, which were served on the defendant on 17. 12. 1988. A Commissioner was appointed on 16. 12. 1988 who reported on 17. 12. 1988 that bathroom exists and in his further report dated 22. 12. 1988, he mentioned that the iron angle had been cut down. However, on 22. 12. 1988, the plaintiff moved another application that after filing of the suit, the defendant has removed the angles which has resulted in demolition of the bathroom. He, therefore, prayed that during the pendency of the suit, the defendant may be asked to restore the position as it was existing at the time of filing of the suit lest his right of support may extinguish.

(3.) THE Revision is dismissed. .