S.A. No. 59 of 2009 With Stay App. No. 9123 / 09 Hon. Prafulla C. Pant, J. Mr. B.S. Negi, Advocate present for the appellants. Heard learned counsel for the appellants. This appeal is directed against the judgment and decree dated 24th of August 2009, passed by the first appellate court (District Judge, Uttarkashi), in Civil Appeal No. 05 of 2005, whereby the said court has affirmed the judgment and decree dated 1st August 2005, passed by the trial court (Civil Judge (Junior Division), Uttarkashi), in Suit No. 22 of 2002. Brief facts of the case are that the plaintiffs / respondents instituted aforesaid suit for injunction against the defendants (present appellants) restraining them from interfering in user of the land in dispute, by the plaintiffs as rasta land, and for flowing the water through the channel passing through the disputed land. Both the courts below, after hearing the parties and examining the evidence on record, concurrently found that the plaintiffs have successfully proved easementary right to pass through the disputed land and to use the water channel. Having considered submissions of learned counsel for the appellants and after going through the impugned judgment and decree, passed by the courts below, this Court does not find any error of law committed by the trial court as well as the first appellate court. There is no substantial question of law involved in this appeal. The appeal is dismissed summarily. (Stay Application No. 9123 of 2009 also stands dismissed, accordingly). (P.C. P., J.) 23.10.2009 HN