SBCWP No.819/2009 Guman Singh Vs. Arjun Singh 1 SBCWP No.819/2009 Guman Singh Vs. Arjun Singh DATE OF ORDER : - 4.2.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Moti Singh, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the appellate order dated 22.1.2009 by which the appellant court dismissed the petitioner's injunction application filed under Order 39 Rule 1 and 2 CPC, which was allowed by the trial court vide order dated 5th May, 2008. It appears from the facts of the case that plaintiff's apprehension was that just near to his residential house the defendant will dig the Well and it may be near 3 to 4 feet to the property of the plaintiff-petitioner. However, the appellate court found that the Well in question was dug 17 feet away from the house of the plaintiff and that too, within the property of the defendant and, therefore, there was no likelihood of danger to the petitioner's property. In view of the reasons mentioned the appellate order and looking to the facts of the case, I don not find any SBCWP No.819/2009 Guman Singh Vs. Arjun Singh 2 reason for exercising jurisdiction under Article 227 of the Constitution of India. There is no merit in this writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-