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1998 Supreme(All) 1023

S.R.SINGH
U. P. JAL NIGAM – Appellant
Versus
IIND ADDL. DISTRICT JUDGE, DEHRADUN – Respondent


Advocates Appeared:
Rajesh Tondon, SABHAJIT YADAV

S. R. SINGH, J.

( 1 ) -CYNOSURE of attention is the order dated 19. 12. 1997 passed by 2nd addl. District Judge, Dehradun in Civil Revision no. 114 of 1997, Sant Ram and another v. U. P. Jal Nigam and others, the correctness of which has been challenged in the instant petition. The aforesaid revision was preferred against the order dated 14. 7. 1997 passed by the 1st Addl. Civil Judge, (Sr. Division) Dehradun on an application for temporary injunction filed in suit No. 432 of 1997.

( 2 ) THE suit was instituted by Sant Ram and Ratan Singh in their own rights as zam1ndarna/kashtkaran/inhabi-TANTS OF Mauza Kharsi Pargana Jansar bhabar, District Dehradun and also in representative capacity under Order 1, Rule 8 of the Code of Civil Procedure on behalf of other zamindars/kashtkaran/basindagan of Mauza Kharsi for perpetual injunction restraining the defendants from constructing tank for storing water quashing out of springlet in Mauza Kharsi Khet Vishlang pergana Jansar Bhabar, District Dehradun and from channelling the water through pipelines or other means from Mauza Kharsi Khet vishlang to village Hatgaon or any other village. The relief of mandatory injunction seeking removal of the
























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