Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1 & 2---Temporary injunction, grant of---Petitioners had impugned order passed by appellate court below, whereby order of the Trial Court was set aside and as a result application for temporary injunction filed by respondent was allowed--Case of respondent was that he was entitled to draw irrigation water from a reclamation shoot in respective Rajbah---Case of petitioner Province was that no water for reclamation was sanctioned in favour of respondent and he was not entitled to draw water from any reclamation shoot---Notification was referred to whereby sanction of reclamation supplies of irrigation was barred---Trial Court considering available record dismissed application for grant of temporary injunction, but Appellate Court had allowed the same---Reclamation policy of Irrigation Department, expressly stipulated that water would be supplied thereunder only for three years--Though there was a stipulation that said period of three years could be enlarged, but any such enlargement of time was exceptional and could only be made after the prior approval of the Chief Engineer---Respondent had not been able to produce any order whereby his land was included in the reclamation Scheme---Even if reclamation supplies, were sanctioned to the respondent in 1992, said sanction expired in 1995 at the latest--. Appellate order, in circumstances was not legally sustainable---Same was set aside, with the result that dismissal of respondent's application for temporary injunction by the Trial Court, was maintained. THIS JUDGMENT DELIVERED BY: JAWWAD S. KHAWAJA, J.--- The petitioners are the Punjab Province and its functionaries in the Irrigation Department. They impugn the order, dated 6-3-2006 passed by the learned Appellate Court, whereby the order of the learned trial Court, dated 20-2-2006 was set aside and, as a result, an application for temporary injunction filed by the respondent-plaintiff was allowed. 2. The case of the respondent-plaintiff, as set out in paragraph 2 of the plaint, is that he is entitled to draw irrigation water from a reclamation shoot in Rajbah No. 68295/R. The case of the Province is that no…

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