Law:

Section:

Civil Procedure Code (V of 1908)--O. XXXIX, Rr.1 & 2---Constitution of Pakistan (1973), Art.185(3)--­Respondents submitted that they neither had used any criminal force against petitioners to slop supply of water to them nor they intended to do so--­Respondents also made a statement that any action to stop supply of water would be taken by them against petitioners only through official agencies---In view of such statement on the part of respondents, petitioners did not press petition--­Petition for leave to appeal was dismissed accordingly. ORDER ABDUL QADEER CHAUDHRY, J.---The petitioners seek leave to appeal against the Judgment, dated 12-7-1990 passed by the High Court. 2. The dispute relates to a stream of water known as Manda-e-Khaiser. The petitioners filed a suit for declaration and injunction alleging therein that the private respondents approached the Collector for correction of entries concerning the source of irrigating the petitioners' land from the said stream of water. It was further alleged that the private respondents have attempted to dispossess the petitioners with the intention of depriving them from using the water from the said stream. Alongwith the suit, an application for interim injunction was filed. The suit was contested by the respondents. The claim of the petitioners was disputed. It was alleged that water for the purpose of irrigation was being strictly utilised by the petitioners. The stream Manda-e-Khaiser is a part of Joi Nushki and the three tribes have exclusive right to use it. The application for interim injunction was also contested. The learned Civil Judge granted interim injunction restraining the respondents from interfering in their possession over tile land and water. 3. This order was challenged in appeal before the District Judge which was disposed of by the learned Additional .District Judge, who accepted the appeal and vacated [lie order of the trial Court. The…

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