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2017 Supreme(P&H) 1490

AVNEESH JHINGAN
Krishan Kumar Sihag – Appellant
Versus
Dulla Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sunny Bhardwaj, Mr. J.K. Sehrawat

JUDGMENT :

Avneesh Jhingan, J.

The present regular second appeal is at the behest of defendants No. 6, 8 to 12 being aggrieved of the concurrent judgments and decrees passed by the learned Courts below decreeing the suit for permanent injunction filed by the plaintiffs.

2. The parties for the sake of convenience are being referred to as per their status in the original suit.

3. The plaintiffs preferred a suit for permanent injunction to the effect that defendants No. 1 to 5 be restrained from digging and constructing water works in Khewat No. 922 min, Khatauni No.1139 in Khasra No. 118//4-7 situated at village Chuli Bagriyan. A direction was sought that defendants No. 4 to 12 be directed to remove the tubewells installed in Khewat No. 922 min, Khatauni No.1139, from Killa No. 118/3, 118/7, 118/8, 118/9, 118/14 as these tubewells pump out most of the water from the water works which is meant for drinking.

4. The facts as averred by the plaintiffs are that they are residents of Village Chuli Bagariyan, Tehsil Adampur, District Hisar. Water works was installed in the said village by defendants No. 1 to 5. Defendants No. 6 to 12 installed 16 tubewells in Khewat No. 922 min, killa numbers as
































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