Law: Specific Relief Act, 1877

Section: 42,54,55

Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XXXIX,R.1,2

Specific Relief Act, 1877 (I of 1877)-- ----S. 42, 54 & 55--Civil Procedure Code, 1908, , S. 115, O. XXXIX, R. 1 & 2--Suit for declaration and permanent and mandatory injunction--Application for grant of interim injunction--Allowed--Confirmation of interim injunction--Appeal--Dismissed--Construction of community tube-well--Right of water supply--Welfare of community--Barani area project--Provision of drinking water--Construction of tube-well on personal property--Petition for contempt of Court--Appointment of receiver and attachment of tube-well--Rejected--Challenge to--Respondent cannot lay any exclusive claim to tube-well or its water which has to be utilized for use of local villagers of area concerned--Though, learned counsel for respondent stated at bar that he has never stopped supply of water to petitioners and he is merely creating an excuse for involving him in unnecessary litigations--Nazim of Union Council is associated with managing affairs of water supply in a fair, transparent and just manner without caring for any political or other inclinations--His role would not be a role as a receiver, but only to supervise tube-well and its water supply to community concerned--Any person aggrieved, may submit a complaint in writing to Nazim of Union Council Chokara, who shall give proper attention to address grievance, if based on proper and reasonable grounds--Petition was disposed of. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE---.--- This revision petition arises out of orders dated 19.7.2018 and 06.3.2018, passed by learned Additional District Judge, Takht-e-Nasrati Karak and Civil Judge-II, Takh-t-Narati Karak, respectively, whereby application for attachment of tube-well and appointment of receiver filed by the present petitioner was dismissed. 2. Brief facts are that the petitioner instituted a civil suit No. 136/1 of 2017, for declaration along with permanent and mandatory injunction to the effect that respondent is not owner of Community tube-well installed at Abdul Ghafoor Koroona Chokara, fully detailed in the heading of plaint, in the Court of Civil Judge Takht-e-Nasrati Karak; that petitioners had also filed an…

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