S.K.GANGELE, M.K.MUDGAL, SUJOY PAUL
Nagar Palik Nigam – Appellant
Versus
Hemant Kumar Gupta – Respondent
Gangele, J. -- 1. The appellants-defendants have filed this appeal against the judgment dated 21.4.2007 passed in Civil Suit No.41-A/2007.
2. The plaintiffs-respondents filed a suit for declaration and permanent injunction. They pleaded that theyhad industrial establishment at Chhatri Bazar, Taksal Road, Lashkar, Gwalior in the name of Sudarshan Ice Factory and Gupta Cold Storage. Plaintiff No.1 was residing in 1998 at A.B. Road, Bahodapur and there was a public tap at A.B. Road. All the residents have been using the public tap. When the Municipal Corporation decided to discontinue water supply to the tap, a civil suit was filed before the civil Court 8th Civil Judge, Glass II in Civil Suit No.521-A/1998 passed a judgment and decree dated 30.1.2004 of declaration and permanent injunction. The appellants were restrained to discontinue water to the public tap.
3. The officers of the defendants-appellants came on the spot on 14.4.2005 and they tried to discontinue the water connection to the public tap. Subsequently, it was re-connected. Thereafter, a show cause notice was issued to the plaintiffs on 15.9.2005 to the effrect that the plaintiffs had been taking water from the main l
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