Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Application for ad-interim injunction–Dismissal of–Appeal against the order was also dismissed–Instant writ petition–Suit to protect the right to access of public at large–Tender was issued for construction of drain–Petitioners were against the manner of construction of drain which is before their houses and the encroachment done by the respondent no. 2 over the public road–Questions of drainage of water and slant of drain being from south of north, closing the road, could only be answered after collection of proper evidence and response of the respondents–It would not be appropriate to accept the prayer of petitioner–However, trial Court is directed to decide the temporary injunction application expeditiously.
