JUDGMENT Kamlesh Sharma, J.:- Appellants and proforma respondents 2 to 4 are the defendants, whereas, respondent No.l is the plaintiff and they will be referred to as such in this judgment. The defendants, who are aggrieved by the judgment dated 23.3.200J passed by Additional District Judge, Shimla, whereby the appeal of the plaintiff and Cross Objections of the defendants were allowed and the decree and judgment dated ,29.11.1999 of Sub Judge 1st Class, Theog District Shimla was set aside and the case was remanded for fresh trial after affording an opportunity to the plaintiff to implead all the necessary parties in the suit.

2. The brief facts of the case are that the plaintiff had filed a suit for permanent prohibitory injunction against the defendants restraining them from interfering with the water supply from the water source situated adjacent to the boundary of khasra Nos.161 and 163 in Mauza Guri, Pargana Parvati, Tehsil Theog, District Shimla. As per the plaintiff, there exists a JHOUR in khasra No. 162, which is fed by five water sources situate nearby the boundary of khasra Nos. 161 and 163 wherefrom he has been drawing water since time immemorial. His complaint was that

Click Here to Read the rest of this document