CR No.6707 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No.6707 of 2006 Date of Decision: 1.9.2009 Gram Panchayat .....Petitioner Vs. Jaswant Singh and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Jatinder Singla, Advocate for the petitioner. Mr. Harsh Aggarwal, Advocate for the respondents. .... RAJIVE BHALLA, J (Oral) By way of this revision petition, the Gram Panchayat of Village Mohamamdpur Rasaldar Channa, challenges an order dated 12.10.2006, passed by the Additional District Judge, Sangrur, reversing the order passed by the trial court and as a consequence, restraining the Gram Panchayat from passing its dirty water through the area of the respondents' village. The respondents filed a suit for permanent injunction to restrain the petitioner Gram Panchayat from excavating a drain through the property of their village Bangawali, Tehsil and District Sangrur. The trial court dismissed the application for interim relief, whereas the first appellate court directed that the petitioner-Gram Panchayat shall not be entitled to raise any construction, so as to pass the dirty water of its village through the area of the respondents' village. CR No.6707 of 2006 2 Counsel for the parties are ad-idem that the drain has already been excavated and is functional. In this view of the matter, the prayer for grant of an injunction is infructuous. The appellate court, therefore, erred in issuing the injunction with respect to a drain that has already been excavated. As a consequence, the revision petition is allowed and the order dated 12.10.2006, passed by the Additional District Judge, Sangrur, is set aside. It is, however, made clear that this order shall not be a reflection on the rights of the parties in any manner, whatsoever. 1.9.2009 (RAJIVE BHALLA) GS JUDGE