IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.1 of 2022 P Date of Decision: 7th July, 2023.

Smt. Mukhtyari Devi & Ors. .....Petitioners.

Versus Khem Chand …..Respondent. Coram f The Hon’ble Mr. Justice Sandeep Sharmao, Judge.

Whether approved for reporting?1 For the Petitioners: Mr. Vikrant Thakur and Mr. Vishal Singh Thakur, Advocates.

For the Respondent: Mr.r H.S. Rangra, Advocate.

Sandeep Sharma, Judge (oral).

Instant petition filed under Article 227 of the Constitution of India, lays challenge to judgment dated 3.9.2021, passed by learned Additiona l District Judge, Sarkaghat, District Mandi, H.P, in Civil Misc. Appeal No.3 of 2020, affirming order dated 7.12.2019 passed by learned Civil Judge (Sr. Division) Court No.1, Sarkaghat, District Mandi, H.P, iwhereby an application having been filed by the respondent/plaintiff (hereinafter referred to as ‘plaintiff’) restraining the petitioners/defendants (hereinafter referred to as ‘defendants’) from causing nuisance on the suit land by discharging dirty and filthy water towards the house of plaintiff, came to be allowed.

2. Precisely, the facts of the case as emerge from the record are that the plaintiff filed a suit for permanent