Som Nath @ Gogi (Deceased) Thru His Lrs ... vs Gurpala And Ors
2024 Latest Caselaw 1216 P&H

Punjab-Haryana High Court

Som Nath @ Gogi (Deceased) Thru His Lrs ... vs Gurpala And Ors on 19 January, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                          Neutral Citation No:=2024:PHHC:007048




RSA No.2824 of 2018(O&M)                       -1-          2024:PHHC:007048

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                                 RSA No.2824 of 2018(O&M)
                                                   Date of Order:19.01.2024

Som Nath @ Gogi (since deceased) through LRs and others
                                                                     .Appellants
                                    Versus

Gurpala and others                                               ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Sarju Puri, Advocate for the appellants.

ANIL KSHETARPAL, J

1. In this regular second appeal, the defendants assail the

correctness of the concurrent findings of fact arrived at by the courts below

while decreeing the plaintiff's suit for grant of decree of permanent

injunction restraining the defendants, in any manner, from interfering or

obstructing the plaintiffs in the discharge of rainy and daily use water by

way of drains into a pond which has been constructed by the Gram

Panchyat.

2. It is the case of the plaintiffs that they are discharging their

water in the drain constructed by the Gram Panchayat for the last 50 years

which ultimately culminates into a pond.

3. In the written statement, the defendants did not dispute the

existence of drains, however claim that the pond is being used as a fish

pond.

4. Both the courts on appreciation of the evidence have come to a

conclusion that the drains have been constructed by the Gram Panchayat and

the villages are discharging their water in the aforesaid pond through the

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Neutral Citation No:=2024:PHHC:007048

RSA No.2824 of 2018(O&M) -2- 2024:PHHC:007048

aforesaid drains. Even the Local Commissioner was appointed, who

reported to the court that there is the existence of pond. In fact, it has come

on record that the fish pond is located in khasra no.11/1. The learned

counsel representing the appellants though made a sincere attempt, however,

failed to draw the attention of the Court to any substantive misreading or

non-reading of the evidence in the impugned judgments. He also failed to

point out any perversity in the impugned judgments.

5. Keeping in view the aforesaid facts and discussion, no ground

to interfere is made out.

6. Dismissed

7. All the pending miscellaneous applications, if any, are also

disposed of.

January 19, 2024                                      (ANIL KSHETARPAL)
nt                                                           JUDGE


Whether speaking/reasoned               :YES/NO
Whether reportable                      :YES/NO

Neutral Citation No:=2024:PHHC:007048

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