U.N.Sinha, J.

1. This is an application by the second party in a proceeding under Sec.147 of the Code of Criminal Procedure. It is directed against the order of the learned Magistrate dated the 10th of September, 1957, by which he has prohibited the second party from interfering with the exercise of a right of easement claimed by the first party to the proceeding.

In order to make his order effective, the learned Magistrate has directed the second party to remove an obstruction said to have been erected by them, by the 10th of October, 1957, failing which it is stated that the second party will be liable to prosecution under Sec.188 of the Indian Penal Code. Being aggrieved by the order of the learned Magistrate, the petitioners had moved the learned Sessions Judge, asking him to make a reference to this court, in order that the order of the learned Magistrate may be set aside. The learned Sessions Judge has refused to make such a reference.

2. The facts, shortly speaking, are as follows: The case of the first party was that he had his residential house in village Mahadeva and the drain water of his house used to flow towards north and used to be discharged, from time immem