IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.2532 of 2008 Date of Decision:- 01.05.2008 Harchanda and others ....Petitioner(s) through Mr.R.S.Longia, Advocate vs. Hargyan ....Respondent(s) *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition under Article 227 of the Constitution has been preferred against the order dated 1.3.2008 passed by the learned Civil Court whereby an application under Order 39 Rules 1 and 2 CPC read with Section 151 CPC filed by the respondent-plaintiff has been allowed, as well as against the order dated 2.4.2008 passed by the learned Additional District Judge, upholding the aforementioned order in an appeal preferred by the petitioner. In other words, both the Courts have concurrently observed that the respondent-plaintiff has made out a prima facie case and in case the injunction, whereby he has been held entitled to dig the water course, if not granted, would cause irreparable loss and injury to him. The only contention raised on behalf of the petitioners before the learned first Appellate Court was that a separate water channel has been allegedly constructed on the joint statement made by both the parties to C.R.No.2532 of 2008 -2- which the respondent-plaintiff also agreed. This argument has, however, been repelled by the first Appellate Court after observing that upon search, no such statement has been found on record of the learned trial Court whereby the respondent- plaintiff might have agreed for construction of a channel at the expenses of the defendants-petitioners to implement his right to use water channel at points C & D. It is well known that in injunction matters unless a case of perverse findings or palpably illegal exercise of jurisdiction is made out, the revisional Court would not cause any interference. Dismissed. May 01, 2008 ( SURYA KANT ) poonam JUDGE