Case Details

Citation(s)
2010 SLG 1305 2010 SLD 1305 2010 MLD 1708
Lahore High Court
Civil Revision No. 721 of 2009, decision Dated: 26-02-2010.
HAFIZ ABDUL RAHMAN ANSARI, JUSTICE
Petitioner(s) by: Javed Sultan Chaudhry
Respondent(s) by: Shoaib Khan Buzdar

MUHAMMAD ISMAIL AND 5 OTHERS

VS

PROVINCE OF PUNJAB THROUGH D.O.R. LAYYAH AND 22 OTHERS

Law: Canal and Drainage Act, 1873

Section: 20

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Canal and Drainage Act (VIII of 1873)--- ----S.20---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Application for grant of temporary injunction---Trial Court and Appellate Court had concurrently dismissed application for grant of temporary injunction---Validity---Both orders were well-reasoned and within the parameters of Canal and Drainage Act, 1968 and the petitioners could not point out any illegality in the said orders---Both courts below had rightly dismissed application for temporary injunction---No jurisdictional defect had been pointed out by the counsel in the orders passed by the two courts below---Concurrent findings recorded by the two courts below could not be interfered with in revisional jurisdiction of High Court---Petition was dismissed. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, J.--- Muhammad Ismail son of Fateh Muhammad and 5 others through this Civil Revision Petition under section 115, C.P.C. have assailed the orders dated 3-7-2009 passed by the learned Civil Judge, Layyah, by which he dismissed the application of the petitioners filed under Order XXXIX Rules 1 and 2, C.P.C. The petitioners further assailed the order dated 27-8-2009 passed by the learned Additional District Judge, Layyah dismissing the appeal of the petitioners filed against the said order dated 3-7-2009. 2. Precisely, necessary facts leading to the filing of this civil revision are that petitioner Muhammad Ismail etc., owners of land in Chak No.152-TDA, Tehsil and District Layyah, have been irrigating their lands from Outlet No.15400/R for so many years. The respondents Muhammad Akram etc., submitted an application to the Divisional Canal Officer, Layyah (for short 'DCO'), dated 24-4-2007 for change of Chakbandi alleging therein that they were feeling inconvenience in irrigating their lands from Outlet No.13790/R because of shortage of water and their lands being situated at a long distance from the said Outlet and thus they had to irrigate their lands from private tube-wells which process was very expensive and quite burdensome for the applicants/respondents and they requested that their lands be excluded, from Outlet No.13790/R and be included in…
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