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1971 Supreme(J&K) 32

JANKI NATH BHAT
Sulla Dar – Appellant
Versus
Shaban Dar – Respondent


Advocates Appeared:
Advocate For Appellant: T. Hussain
Advocate For Respondent: O.N. Tikku

1. This is a revision application directed against the order of the Additional District Judge, Srinagar, dated 7-6-1971 whereby he dismissed an appeal preferred against an order passed by the Sub-Judge (Judge Small Causes Court) Srinagar. dated 22-5-1971.

2. The brief facts leading to the present revision application are that the respondents. Shaban Dar and others, brought a suit under Order 1 Rule 8 of the Code of Civil Procedure against the petitioners for declaration and permanent injunction wherein it was prayed that the respondents, according to Ravaj Abpashi framed by the Second Settlement and according to Ancient Custom, were entitled to get water from Baba Kohl from village Utterwani Tehsil Badgam for irrigating lands of villages Tanki-pora, Beedan, Chowderi Bagh, Check Kali Khan Tehsil Badgam and the defendants be restrained from interfering with this right of the plaintiffs-respondents. The plaintiffs prayed for a temporary injunction. After some proceedings before the trial court, the Sub-Judge, Malik Sharif-ud-Din, granted an injunction directing the defendants that they should not in any way interfere with the flow of water into the Baba Kohl and they should not inter
































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