JUDGMENT

1. This appeal is directed against the judgment & decree dated 21.01.2020 passed by the Additional District Judge No.2, Hanumangarh, whereby the judgment & decree dated 06.12.2019 passed by the Civil Judge, Hanumangarh has been reversed and the suit filed by the respondents herein, has been decreed and injunction has been granted.

2. The respondents-plaintiffs filed a suit for declaration and permanent injunction in relation to order dated 08.03.2017 passed by the Superintending Engineer, Water Resources Circle, Hanumangarh, whereby the appeal filed by the defendant Omprakash and others against the order dated 28.12.2016 passed by the Executive Engineer, Water Resources Division-I, Hanumangarh was accepted and the said order was set-aside.

3. By order dated 28.12.2016 (Annex.4), the Executive Engineer had accepted additional naka on an application filed by the plaintiffs. The appellate authority, by its order dated 08.03.2017 (Ex.3), set-aside the said order.

4. On behalf of the plaintiffs, the validity of the order was questioned on various grounds mainly justifying the order passed by the Executive Engineer.

5. The suit was resisted by the appellants on various grounds includ