1. - Heard learned counsel for the parties.

2. The plaintiff-respondents filed a suit for injunction against the defendant-petitioners with the allegations that there exists a 3 ft. wide gali between their houses and that the said gali was being used by them to flow the discharge water as also the rainy water and also to open the windows for air and light. But the petitioners were threatening to interfere with their easementary rights by construction or placing obstructions on the land of the gali. Alongwith the plaint, an application under O.39 R.1 & 2 CPC was also filed by the plaintiff-respondents. u/s.115, Civil Procedure Code, for quashing the order dated 20.3.99 passed by D.J., Kota in C.M.A. No. 8/99.

3. After hearing learned counsel for the parties on such application, the learned trial court passed an order on 14.12.1998, in the following manner: HINDI MATTER 361752 A

4. On an appeal having been preferred by the plaintiff-respondents before the District Judge, Kota, the parties were heard at length. After considering their arguments and perusal of the material including the report of the Commissioner as placed before him, the learned Distt. Judge, modified the ord